Press Release: Denver Court Upholds Temporary Halt on Removal of "Alien Enemies"
Denver, CO – The Denver-based federal appeals court on Tuesday upheld a trial judge’s order that temporarily pauses the removal of individuals classified as "alien enemies" under the Alien Enemies Act of 1798. This decision stems from a case involving two detained Venezuelan men who argue they were wrongfully identified as members of the Tren de Aragua gang.
On April 22, U.S. District Court Judge Charlotte N. Sweeney issued a temporary restraining order, requiring the government to provide 21 days’ notice before any removals. Detainees will now be informed of their rights to contest their classifications and consult with legal counsel in a language they comprehend. This measure comes amid President Donald Trump’s March 14 proclamation targeting non-citizens over 14 years of age allegedly involved with the gang.
The U.S. Department of Justice appealed the decision, claiming Judge Sweeney exceeded her authority. However, a three-judge panel from the 10th Circuit ruled that the government failed to demonstrate any imminent, irreparable harm would arise from the restraining order.
In a significant note, Judge Sweeney is considering whether to issue a longer-term preliminary injunction, with discussions expected to conclude by next week. The two petitioners contended that they live in fear of the gang rather than being involved with it, asserting their detention is both wrongful and dangerous.
While the government continues to assert broad presidential discretion under the Alien Enemies Act, the latest ruling emphasizes the necessity for procedural protections for detainees.
Legal experts view this case as indicative of ongoing tensions between national security measures and individual rights, with far-reaching implications for non-citizen detainees across the country.
For further updates, please contact Michael Karlik at michael.karlik@coloradopolitics.com.
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Photo credit denvergazette.com
