The Trump administration attempt to invoke the Alien Enemies Law to deport the alleged members of the Venezuelan Gang of Aragua hit another legal obstacle on Tuesday with a federal judge in Colorado blocking some removals under the war authority.
The American district judge Charlotte Sweeney issued a temporary order on Tuesday that prohibits the administration of using the law to deport non -citizens currently within the state of Colorado, which requires that non -citizens subject to the elimination of AEA receive at least three weeks of warning before deportation.
Last month, the Trump administration triggered a legal battle when it invoked the Alien enemies law, a eighteenth-century war authority used to eliminate non-citizens with little or less process, to deport two flat planes of migrant gangs to the members of Cecot Mega-Prison in El Salvador by arguing that the United States of the Venezuelan Gang de Aragua is a “criminal hybrid.”
An official of the application of immigration and customs of the United States acknowledged that “many” of men deported on March 15 lack criminal records in the United States, but said that “the lack of specific information about each individual actually highlights the risk of what they represent” and “demonstrates that they are terrorists with respect to those who lack a complete profile.”
The Supreme Court of the United States, in a subsequent decision of 5-4, allowed the Trump administration to resume deportations of alleged members of migrant gangs under the alien enemies law, but said that detainees should receive due process to challenge their elimination.
The case of Colorado is one of several demands that defy the use of the AEA in Colorado, New York and Texas, in which lawyers have argued that the Trump administration is changing non -citizens by not providing them with the “reasonable time” promised by the Supreme Court.
Judge Sweeney, on Tuesday, criticized the Trump administration for trying to eliminate two men in a way that he said “deficient and cannot compete with due process.” According to the judge, the notices used by the Trump administration did not provide men with a reasonable amount of time to act in due process and were only provided in English.
The military personnel of the United States Escort, claimed that the members of the Venezuelan Gang Train of Aragua and the MS-13 gang deported recently by the United States government will be imprisoned in the Prison of CECOT, on April 12, 2025.
Secom/via Reuters
“The court has serious concerns that the petitioners would be given a notice that is committed to the due process to challenge the determination,” he wrote.
The judge also doubted the legitimacy of the proclamation of President Donald Trump that invokes the use of the Alien Enemies Law, writing that the plaintiffs would probably demonstrate that the proclamation violates the Law of Immigration and Nationality and Humanitarian Protections.
Colorado’s ruling occurs when a federal judge in New York will listen to arguments on Tuesday after he temporarily ruled that detained migrants who stopped in the Southern New York district could not be deported without due process.
The United States District Judge Alvin Hellerstein, ruled earlier this month that several alleged members of Venezuelan gangs could not be deported under the AEA without receiving notification and an opportunity for an audience.
Judge Hellerstein, in his temporary order that blocks deportations, suggested that his decision was destined to define the parameters of the opinion of the Supreme Court that requires due process.
The relief that Hellerstein granted is limited to approximately a dozen migrants currently detained in some New York counties.
