Latest news with #AlienEnemiesActRegarding
CBS News
15-04-2025
- Politics
- CBS News
Federal judge in Denver rules against Trump administration on deportations of men held by ICE in Aurora
A federal judge in Denver has ruled in favor of several immigrants' rights organizations and against the Trump administration concerning the administration's efforts to deport several men being held at a detention center in Aurora. The ACLU and several other organizations sued President Trump to stop some deportations out of Colorado. Monday night, U.S. District Judge for the District of Colorado Charlotte Sweeney ruled in favor of those groups, temporarily blocking any deportation under the Alien Enemies Act of 1798 . "The order issued by the Court at ECF No. 10 prohibits the removal from this jurisdiction of Petitioners and the class they propose to represent; namely, 'All noncitizens in custody in the District of Colorado who were, are, or will be subject to the March 2025 Presidential Proclamation entitled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua and/or its implementation,'" Sweeney wrote. This order will remain in effect through at least April 21, when Sweeney will issue another order. The suit stems from an order issued by a judge in the U.S. District Court for the Southern District of New York, which ruled that immigrants facing deportation are entitled to due process rights. That order came after the Trump administration invoked a seldom-used wartime law known as the Alien Enemies Act of 1798 in an effort to deport people it claims are part of a criminal gang from Venezuela, Tren de Aragua . The suit said that people being held at the Aurora ICE Processing Center are being held without charge and being denied due process or any way to fight the deportation proceedings in any court. Last week, the U.S. Supreme Court ruled in favor of the U.S. Department of Justice in a 5-4 split in a separate but related case, but largely on the issue of jurisdiction, saying that the suit, filed in Washington, D.C., was filed in the wrong court, as that suit pertained to people being held in Texas. In that same order, the Supreme Court did rule, however, that people subject to removal under the Alien Enemies Act were entitled to legal protections and the right to fight their detention in court. "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs," the court said. The ACLU's lawsuit in Colorado was filed on behalf of two detainees at the Aurora ICE facility, "and persons similarly situated." The people being held in Colorado, the ACLU argues, are "identical, save for the District, to the class protected by the Temporary Restraining Orders issued" in the New York case. It comes after reporting by CBS News and other organizations revealed the Trump administration has deported hundreds of people with no apparent criminal record to El Salvador to be held in a maximum-security prison designed to hold terrorism suspects. Some of those people, such as gay makeup artist Andry Hernandez Romero , had pending asylum cases in the U.S. Several other high-profile cases of deportations from elsewhere in the U.S. have raised questions about the reasons for those people's detention and claims by administration officials about those detainees' gang affiliations. A spokesman for ICE did not immediately respond to a request for comment on Monday's ruling.
Fox News
18-03-2025
- Politics
- Fox News
DOJ insists El Salvador deportation flights did not violate court order
The Justice Department insisted Tuesday that deportation flights that sent Venezuelan nationals to El Salvador over the weekend did not violate a court order. The federal response came after U.S. District Judge James Boasberg granted an emergency order Saturday to temporarily block the flights from taking place for 14 days while his court considered the legality of using the 1798 wartime-era Alien Enemies Act to immediately deport Venezuelan nationals and alleged members of the violent gang Tren de Aragua. He ordered the Trump administration on Monday to submit more information about Saturday's flights, including what time each plane took off from the U.S. "The Court... ordered the Government to address the form in which it can provide further details about flights that left the United States before 7:25 PM," reads a filing Tuesday that was co-signed by Attorney General Pamela Bondi, Deputy Attorney General Todd Blanche and others. "The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate, because even accepting Plaintiffs' account of the facts, there was no violation of the Court's written order (since the relevant flights left U.S. airspace, and so their occupants were 'removed,' before the order issued), and the Court's earlier oral statements were not independently enforceable as injunctions." In granting the emergency order Saturday, Boasberg sided with the plaintiffs – Democracy Forward and the ACLU – who had argued that the deportations would likely pose imminent and "irreparable" harm to the migrants under the time proposed. Boasberg also ordered the Trump administration on Saturday to immediately halt any planned deportations and to notify their clients that "any plane containing these folks that is going to take off or is in the air needs to be returned to the United States," he said. However, the decision apparently came too late to stop two planes filled with more than 200 migrants who were deported to El Salvador. READ THE DOJ FILING – APP USERS, CLICK HERE: White House press secretary Karoline Leavitt told Fox News in an interview that a plane carrying hundreds of migrants, including more than 130 persons removed under the Alien Enemies Act, had already "left U.S. airspace" by the time the order was handed down. "ICE understood the Proclamation Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua to be effective only once it was posted to the White House website, which was at or around 3:53 PM EDT on March 15, 2025," ICE Acting Field Office Director of Enforcement and Removal Operations Robert Cerna wrote in a declaration Tuesday. "On March 15, 2025, after the Proclamation was publicly posted and took effect, three planes carrying aliens departed the United States for El Salvador International Airport (SAL). Two of those planes departed U.S. territory and airspace before 7:25 PM EDT. The third plane departed after that time, but all individuals on that third plane had Title 8 final removal orders and thus were not removed solely on the basis of the Proclamation at issue," he continued. "To avoid any doubt, no one on any flight departing the United States after 7:25 PM EDT on March 15, 2025, was removed solely on the basis of the Proclamation at issue. ICE carefully tracks the TdA members who are amenable to removal proceedings. At this time approximately 54 members of TdA are in detention and on the detained docket, approximately 172 are on the non-detained docket, and approximately 32 are in criminal custody with active detainers against them. Should they be transferred to ICE custody, they will likely be placed in removal proceedings," he said.
