DENVER — In a noteworthy development, a federal judge recently decided to prolong an order that halts the Trump administration’s plans to relocate or deport individuals from Colorado. This decision is tied to a contentious issue involving an 18th-century wartime statute currently under debate at the U.S. Supreme Court.
District Court Judge Charlotte N. Sweeney referred to a Supreme Court directive issued over the weekend that temporarily halted deportations from North Texas. This suspension arose after the ACLU argued that the administration was attempting to deport Venezuelans under the Alien Enemies Act of 1798, allegedly bypassing legal notice requirements established in a prior Supreme Court ruling.
Judge Sweeney has opted to extend the hold on deportations from Colorado until May 6, with the potential for further extensions. She mandated that the federal government must provide 21 days’ notice to any individual it intends to deport, ensuring they have the opportunity to challenge their removal. Moreover, Sweeney questioned the legality of Trump’s invocation of the act, particularly regarding claims that the Venezuelan gang known as Tren de Aragua was invading the United States.
“At a bare minimum, ‘invasion’ signifies more than the Proclamation’s portrayal of TdA’s ‘infiltration,’ ‘irregular warfare,’ and ‘hostile actions’ against the United States,” Sweeney articulated in her legal opinion.
Earlier in the month, the Supreme Court empowered the government to proceed with deportations under the act while requiring those targeted to be given a “reasonable” opportunity to contest their deportation in court. Historically, this act has been invoked only three times, with the most recent instance during World War II. The Supreme Court has not yet addressed whether it can be lawfully used against a gang.
In response to the Supreme Court’s initial ruling, several federal judges, including Sweeney, issued temporary orders to pause deportations within their jurisdictions. The ACLU approached the Supreme Court seeking to halt deportations from an immigration detention center in North Texas, asserting that Venezuelan migrants received their removal notices in English, without being informed of their right to challenge the decision in court. In an unusual move, the court intervened to prevent these deportations early on a Saturday.
Government representatives argued that judicial intervention was premature, as the government was not in the process of deporting the specific plaintiffs involved in the lawsuit. Timothy Macdonald, an attorney with the ACLU, countered by describing this stance as a “shell game,” suggesting it could allow the government to hastily deport individuals once a court’s jurisdiction over their case lapses.
Judge Sweeney concurred with the ACLU’s concerns, leading her to maintain the order’s validity and set a date for arguments on whether her decision should become a long-term measure.
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