Judge bars removal of migrants from Colorado under Alien Enemies Act
Lawyers for the American Civil Liberties Union and the Rocky Mountain Immigrant Advocacy Network argued during a hearing on Monday that two men from Venezuela were in imminent danger of being deported to a prison in El Salvador. Further, the lawyers for the migrants said that 11 men from Colorado have already been sent to the Terrorism Confinement Center or CECOT in El Salvador.
The terms of the Colorado TRO expire on May 6, 2025.
In a ruling on April 7, the U.S. Supreme Court ordered that "AEA detainees must receive notice...that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in proper venue before such removal occurs."
The high court's order did not indicate the terms of "reasonable" notice, so it was debated in court on Monday.
In her order, Judge Charlotte Sweeney wrote that individuals subject to deportation under the AEA must receive 21 days' notice, be informed of the right to judicial review, and consult with an attorney. Such notice must also be written in a language the individual understands.
In March, the president invoked the Alien Enemies Act, allowing the executive branch to detain or deport noncitizens it deems "dangerous," particularly those administration officials say are part of the gang
Tren de Aragua
. Last month, the administration used the law to send more than 200 people to a
prison in El Salvador
.
The last time the Act was invoked was during World War II, when Japanese Americans were interned at Camp Amache in Colorado.
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