A federal judge in Colorado has temporarily blocked the government from removing alleged “alien enemies” from the state under an 18th-century wartime law. U.S. District Court Judge Charlotte N. Sweeney issued the temporary restraining order in response to a case brought by two Venezuelan men challenging President Trump’s proclamation invoking the Alien Enemies Act of 1798. The proclamation targeted non-citizens accused of being members of the Tren de Aragua gang. Sweeney’s order requires the government to provide 21 days’ notice of intent to remove non-citizens, inform them of their rights, and allow them to consult with an attorney in a language they understand.
Sweeney expressed concerns about due process and questioned the government’s claims that the petitioners were not currently designated as “alien enemies.” The case challenges the use of the Alien Enemies Act during a non-declared war, as well as the legality of Trump’s targeting of suspected gang members who are not naturalized citizens or lawful permanent residents. The lawsuit, filed under “habeas corpus,” aims to prevent deportations without notice or an opportunity to respond. Sweeney’s order follows a similar ruling by the Supreme Court in a Texas case and indicates doubts about the government’s procedures for notifying detainees. The case will continue with the possibility of a preliminary injunction for longer-term relief.
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