Trump's use of Alien Enemies Act deportations face legal test in Colorado federal court

A showdown in federal court in Denver could help shape the legal landscape surrounding deportations.
A high-stakes hearing in Denver in a case filed by immigrants' rights groups against the Trump administration concluded Monday morning. Attorneys for the Trump administration argued that people facing deportation should be allotted 24 hours' notice to be able to fight their deportation order in court, but attorneys for the ACLU and Rocky Mountain Immigrant Advocacy Network argued that 24 hours isn't "reasonable," as ordered by the U.S. Supreme Court.
"The government wants to give as little notice as possible so they can pull people out of the country without a judge reviewing it," Tim Macdonald, legal director of the ACLU of Colorado, told CBS News Colorado outside the courthouse on Monday. "The idea that 24 hours is sufficient for someone who's detained at the Aurora detention facility, who likely doesn't speak English, who may not have a high level of education, who doesn't have a lawyer, who doesn't have access to a phone -- the idea that that person can file a, quote, 'write of habeas corpus' in 24 hours is preposterous."
Macdonald went on to say that alleged
Nazis were afforded more rights
in court after World War II than Venezuelans facing deportation under the Trump administration, echoing what a U.S. Appeals Court judge said in Washington, D.C. last month.
Charlotte Sweeney, U.S. District judge for the District of Colorado, said on Monday she wouldn't rule on the case for 24 hours. During that hearing, attorneys for the ACLU and Rocky Mountain Immigrant Advocacy Network said 11 people have been deported from Colorado to El Salvador and about 85% of people being held in the Aurora ICE Processing Center have not yet been able to retain legal counsel, which those groups argue is a violation of their due process rights.
Court records show the hearing lasted just over an hour. In addition to President Trump, the defendants named in the case include U.S. Attorney General Pam Bondi, Secretary of Homeland Security Kristi Noem, ICE Director Todd Lyons, Secretary of State Marco Rubio, ICE Denver Field Office Director Robert Gaudian, and Dawn Ceja, warden of the ICE Processing Center in Aurora.
The U.S. Supreme Court issued a rare weekend ruling temporarily halting the Trump administration's plan to deport more Venezuelan migrants under a seldom-used wartime law passed in 1798, the
Alien Enemies Act
.
The decision came as
mass protests continued across the country
denouncing the Trump administration's immigration policies. The administration is urging the court to reconsider its decision blocking the deportations.
The president has invoked the Alien Enemies Act, allowing the executive branch to detain or deport noncitizens it deems "dangerous." Last month, the administration used the law to send more than 200 migrants to a
prison in El Salvador
.
Now, El Salvador's president has proposed exchanging the deported migrants for political prisoners held in Venezuela.
In Denver, a federal court
recently barred the removal of any noncitizens within Colorado
who are or will be subject to the Alien Enemies Act. Some of those previously deported from Colorado have already been sent to the El Salvador prison, according to their attorneys.
At issue is what kind of legal rights migrants have to challenge the government's allegations before they are removed from the U.S.
Trump has said the United States is facing an "invasion" by the Tren de Aragua gang and that he has the authority to use the 1798 law. The act was last invoked during World War II, including in Colorado, to hold Japanese Americans at internment camps, including
Camp Amache
.
"If you think of internment camps during World War II in the United States, that's the kind of framework that we're looking at in terms of how this law has been used in the past," Laura Lunn, an immigrant advocacy lawyer with the Rocky Mountain Immigrant Advocacy Network, said.
The legal battle has triggered a series of emergency filings over the weekend after the Supreme Court bumped a case out of U.S. District Court for Washington, D.C., saying it needed to be filed in Texas and other states from which people are being deported.
Asked about why this case matters, Macdonald said, "if the government can remove these folks without due process, it erodes civil liberties for every one of us, and they could be next. We could be next. If the government is able to dispense with due process, it's a risk for liberty for all of us."

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USA Today

10 minutes ago

• USA Today

Trump vowed to keep US out of wars. What changed when he decided to bomb Iran?

Israeli Prime Minister Benjamin Netanyahu has long lobbied American presidents to help Israel bomb Iran. None have taken him up on it. Until now. President Donald Trump campaigned on stopping "endless wars." He also entered office vowing to bring a swift closure to conflicts in Gaza and Ukraine. Five months in, he's joined Israel's war on Iran's nuclear facilities. So what's changed? And what were the warning signs Trump was prepared to become the third wheel in an Israel-Iran contest for regional dominance that's been playing out for decades? It's not clear what exact damage was done in Iran. The White House says U.S. bombers decimated three uranium enrichment facilities. What comes next is also far from certain: additional U.S. strikes, Iran's retaliation, a resumption of diplomacy, even? Is this the start of the collapse of Iran's clerical regime? Is it a historical moment akin to the breakup of the Soviet Union? What's indisputable is that one pull factor for the U.S. is Israeli Prime Minister Benjamin Netanyahu's long, complicated relationship with recent American presidents. The U.S. bombing of Iran is also the culmination of a process that traces at least as far back to the 1990s when Netanyahu, then a young lawmaker, predicted the Islamic Republic, Israel's sworn enemy, would one day either acquire, or be on the cusp of acquiring, a nuclear weapon and Israel would be forced to act − ideally with U.S. help. "Within three to five years, we can assume that Iran will become autonomous in its ability to develop and produce a nuclear bomb," Netanyahu said in 1992. His prediction was later repeated in his 1995 book, "Fighting Terrorism." Netanyahu's constant refrain: bomb Iran Netanyahu is the longest-serving Israeli prime minister in the Jewish state's history. He's occupied the role on and off for more than 17 years. In every one of those years he's sought to convince American presidents to bomb Iran's nuclear program, which Tehran insists is for civilian energy purposes only. Netanyahu has appeared at the United Nations with elaborate maps and cartoon-style drawings of bombs. He worked hard to scupper the 2015 nuclear accord between Iran and world powers that Trump exited because he said Iranian officials could not be trusted. In 2002, Netanyahu told a U.S. congressional committee that both Iraq and Iran would soon have a nuclear bomb. A year later the U.S. invaded Iraq. In 2009, he told members of Congress in private that Iran was just a year or two away from producing a nuclear weapon, according to a U.S. State Department cable released by WikiLeaks. Successive American presidents have listened and acted on Netanyahu's Iran warnings, most substantively politically in the form of the Obama administration's 2015 nuclear deal, which was designed to limit Iran's uranium enrichment in return for relief of U.S. economic sanctions on Iran. When Trump, in his first term, exited that agreement it was working in the sense that Iran was not enriching uranium at a level necessary to produce a nuclear weapon, according to the International Atomic Energy Agency, the United Nations' nuclear watchdog. Netanyahu's public and private relationships with recent American presidents have been marked by chilly tensions and insults. In 2015, Netanyahu's spokesman apologized to former President Barack Obama. He has also clashed with former Presidents Bill Clinton and Joe Biden. Netanyahu has even annoyed Trump, although their relationship trends toward mutual lavish praise. But no American president − until now − has gone along with Netanyahu's war plans for Iran, fearing the U.S. could be dragged into a wider Middle East war. The experiences of Iraq and Afghanistan still haunt U.S. presidents. "The president more than anybody is worried about protracted military conflicts and that is not what we are getting ourselves involved in,' U.S. Vice President JD Vance said on ABC's "This Week" program on June 22. Vance said the Trump administration is also not trying to force regime change in Iran. Reading Trump's Iran tea leaves Trump may also not be as risk averse to military actions as is sometimes portrayed, including by himself. In his first term, he ordered a missile attack in Syria to punish then-Syrian President Bashar al-Assad for using chemical weapons; a raid to kill ISIS leader Abu Bakr al-Baghdadi; and a drone attack that killed Qasem Soleimani, a senior Iranian military commander much beloved in Iran whose death led to Iranian reprisals on U.S. bases in Iraq. Also in the background: The IAEA, the U.N.'s nuclear watchdog, and former U.S. officials such as Dan Shapiro, U.S. ambassador to Israel during the Obama administration, say Iran's nuclear capabilities have advanced since Trump exited the nuclear deal. "Iran cannot be left with an enrichment capability, able to produce a nuclear weapon at a time of its choosing," Shapiro wrote in a recent blog post. Trump has made various comments for years that reflect that sentiment. The main thrust of his remarks in recent weeks have been to say he won't allow Iran to continue its nuclear enrichment program, and Tehran could give it up through negotiation or through what he called "the hard way." After first pushing for a diplomatic solution, Trump's tone changed after Israel on June 13 struck dozens of nuclear and military targets in Iran, killing many of Iran's military elite and senior nuclear scientists. By June 17, the president was threatening Iran's supreme leader, Ayatollah Ali Khamenei on social media, calling him an "easy target." See updated maps, satellite images: Iran's nuclear sites before and after Israeli attacks Trump likes a winner. He often says so himself. In the days leading up to the U.S. strike, Israel appeared to be winning. "Congratulations, President Trump, your bold decision to target Iran's nuclear facilities with the awesome and righteous might of the United States will change history,' Netanyahu said in a statement as he addressed the world on June 22 to update them on the war's latest development. He spoke in English, not Hebrew. In his own address, to the American people, Trump said, "I want to thank and congratulate Prime Minister Bibi Netanyahu. We worked as a team like perhaps no team has ever worked before, and we've gone a long way to erasing this horrible threat to Israel." Not mentioned: U.S. intelligence agencies assessed earlier this year that they did not think Iran was close to building a nuclear bomb. Contributing: Francesca Chambers, Tom Vanden Brook

Hamilton Spectator

14 minutes ago

• Hamilton Spectator

U.S. inserts itself into Israel's war with Iran, striking 3 Iranian nuclear sites

TEL AVIV, Israel (AP) — The United States struck three sites in Iran early Sunday, inserting itself into Israel's war aimed at destroying the country's nuclear program in a risky gambit to weaken a longtime foe despite fears of a wider regional conflict. Addressing the nation from the White House, President Donald Trump asserted that Iran's key nuclear sites were 'completely and fully obliterated.' There was no independent damage assessment. It was not clear whether the U.S. would continue attacking Iran alongside its ally Israel, which has been engaged in a nine-day war with Iran. Trump acted without congressional authorization , and he warned that there would be additional strikes if Tehran retaliated against U.S. forces. 'There will either be peace or there will be tragedy for Iran,' he said. Iran's top diplomat, Foreign Minister Abbas Araghchi, warned in a post on X that the U.S. attacks 'will have everlasting consequences' and that Tehran 'reserves all options' to retaliate. Iran's ambassador to the United Nations called for an emergency Security Council meeting to discuss what he described as the U.S.'s 'heinous attacks and illegal use of force' against Iran. In a letter obtained by The Associated Press, Ambassador Amir Saeid Iravani said that the U.N.'s most powerful body must 'take all necessary measures' to hold the U.S. accountable under international law and the U.N. charter. The U.N. nuclear watchdog said later that there has been 'no increase in off-site radiation levels' at the locations that the U.S. hit. The International Atomic Energy Agency sent the message via the social platform X. Early Sunday morning Israel alerted the public of an Iranian missile launch and urged people to take shelter. Sirens sounded in Jerusalem a short while later and a series of booms were heard. Iranian has been firing missile barrages at Israel since the war began but they have decreased in size as Israel targets Tehran's missile launchers. The Islamic Republic may also be keeping some arms in reserve. The Atomic Energy Organization of Iran confirmed that attacks took place on its Fordo, Isfahan and Natanz sites, but it insisted that its work will not be stopped. Iran said there were no signs of radioactive contamination at the three locations and no danger to nearby residents. Iran has maintained that its nuclear program is for peaceful purposes only, and U.S. intelligence agencies have assessed that Tehran is not actively pursuing a bomb. However, Trump and Israeli leaders have claimed that Iran could quickly assemble a nuclear weapon, making it an imminent threat. The decision to directly involve the U.S. in the war comes after more than a week of strikes by Israel on Iran that aimed to systematically eradicate the country's air defenses and offensive missile capabilities, while damaging its nuclear enrichment facilities. But U.S. and Israeli officials have said American stealth bombers and the 30,000-pound (13,500-kilogram) bunker-buster bomb they alone can carry offered the best chance of destroying heavily fortified sites connected to the Iranian nuclear program buried deep underground. 'We have completed our very successful attack on the three Nuclear sites in Iran, including Fordow, Natanz, and Esfahan,' Trump said in a post on social media. 'All planes are now outside of Iran air space. A full payload of BOMBS was dropped on the primary site, Fordow. All planes are safely on their way home.' Trump added in a later post: 'This is an HISTORIC MOMENT FOR THE UNITED STATES OF AMERICA, ISRAEL, AND THE WORLD. IRAN MUST NOW AGREE TO END THIS WAR. THANK YOU!' Israeli Prime Minister Benjamin Netanyahu praised Trump's decision to attack in a video message directed at the American president. 'Your bold decision to target Iran's nuclear facilities, with the awesome and righteous might of the United States, will change history,' he said. Netanyahu said the U.S. 'has done what no other country on earth could do.' Israel announced Sunday that it would close the country's airspace to both inbound and outbound flights in the wake of the U.S. attacks. The war has disrupted air travel throughout the Middle East. The White House and Pentagon did not immediately elaborate on the operation. U.S. military leaders are scheduled to provide a briefing at 8 a.m. Eastern. The attack used bunker-buster bombs on Iran's Fordo nuclear fuel enrichment plant that is built deep into a mountain, a U.S. official said. The weapons are designed to penetrate the ground before exploding. The official spoke on condition of anonymity to discuss military operations. In addition, U.S. submarines launched about 30 Tomahawk missiles, according to another U.S. official who also spoke on condition of anonymity. The strikes are a perilous decision, as Iran has pledged to retaliate if the U.S. joined the Israeli assault, and for Trump personally. He won the White House on the promise of keeping America out of costly foreign conflicts and scoffed at the value of American interventionism. U.N. Secretary-General Antonio Guterres said he was 'gravely alarmed' by the 'dangerous escalation' of American strikes. 'There is a growing risk that this conflict could rapidly get out of control — with catastrophic consequences for civilians, the region, and the world,' he said in a statement. Trump told reporters Friday that he was not interested in sending ground forces into Iran, saying it's 'the last thing you want to do.' He had previously indicated that he would make a final choice over the course of two weeks. Iran's Supreme Leader Ayatollah Ali Khamenei warned the United States on Wednesday that strikes targeting the Islamic Republic will 'result in irreparable damage for them.' And Iranian Foreign Ministry spokesman Esmail Baghaei declared 'any American intervention would be a recipe for an all-out war in the region.' Trump has vowed that he would not allow Iran to obtain a nuclear weapon, and he had initially hoped that the threat of force would bring the country's leaders to give up its nuclear program peacefully. The Israeli military said Saturday it was preparing for the possibility of a lengthy war, while Iran's foreign minister warned before the U.S. attack that American military involvement 'would be very, very dangerous for everyone.' The prospect of a wider war loomed. Iranian-backed Houthi rebels in Yemen said they would resume attacks on U.S. vessels in the Red Sea if the Trump administration joined Israel's military campaign. The Houthis paused such attacks in May under a deal with the U.S. White House press secretary Karoline Leavitt said Thursday that Trump planned to make his decision on the strikes within two weeks. Instead, he struck just two days later. Trump appears to have made the calculation — at the prodding of Israeli officials and many Republican lawmakers — that Israel's operation had softened the ground and presented a perhaps unparalleled opportunity to set back Iran's nuclear program, perhaps permanently. The Israelis say their offensive has already crippled Iran's air defenses, allowing them to significantly degrade multiple Iranian nuclear sites. But to destroy the Fordo nuclear fuel enrichment plant , Israel appealed to Trump for the bunker-busting American bomb known as the GBU-57 Massive Ordnance Penetrator, which uses its weight and sheer kinetic force to reach deeply buried targets and then explode. The bomb is currently delivered only by the B-2 stealth bomber, which is only found in the American arsenal. It was the first combat use of the weapon. The bomb carries a conventional warhead, and is believed to be able to penetrate about 200 feet (61 meters) below the surface before exploding, and the bombs can be dropped one after another, effectively drilling deeper and deeper with each successive blast. The International Atomic Energy Agency has confirmed that Iran is producing highly enriched uranium at Fordo, raising the possibility that nuclear material could be released into the area if the GBU-57 A/B were used to hit the facility. Previous Israeli strikes at another Iranian nuclear site, Natanz, on a centrifuge site have caused contamination only at the site itself, not the surrounding area, the IAEA has said. Israeli strikes on Iran have killed at least 865 people and wounded 3,396 others, according to the Washington-based group Human Rights Activists. The group said of those dead, it identified 363 civilians and 215 security force personnel. Trump's decision for direct U.S. military intervention comes after his administration made an unsuccessful two-month push — including with high-level, direct negotiations with the Iranians — aimed at persuading Tehran to curb its nuclear program. For months, Trump said he was dedicated to a diplomatic push to persuade Iran to give up its nuclear ambitions. And he twice — in April and again in late May — persuaded Netanyahu to hold off on military action against Iran and give diplomacy more time. All the while, Trump has gone from publicly expressing hope that the moment could be a 'second chance' for Iran to make a deal to delivering explicit threats on Khamenei and making calls for Tehran's unconditional surrender. The military showdown with Iran comes seven years after Trump withdrew the U.S. from the Obama-administration brokered agreement in 2018, calling it the 'worst deal ever.' The 2015 deal, signed by Iran, U.S. and other world powers, created a long-term, comprehensive nuclear agreement that limited Tehran's enrichment of uranium in exchange for the lifting of economic sanctions. Trump decried the Obama-era deal for giving Iran too much in return for too little, because the agreement did not cover Iran's non-nuclear malign behavior. Trump has bristled at criticism from some of his MAGA faithful who have suggested that further U.S. involvement would be a betrayal to supporters who were drawn to his promise to end U.S. involvement in expensive and endless wars. ___ Madhani reported from Morristown, N.J. Rising reported from Dubai, United Arab Emirates. Associated Press writers Nasser Karimi in Iran; Mehmet Guzel in Istanbul; Josef Federman in Jerusalem; Samy Magdy in Cairo; Matthew Lee and Josh Boak in Washington; and Farnoush Amiri and Jon Gambrell in Dubai contributed to this report. Error! Sorry, there was an error processing your request. 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Wall Street Journal

17 minutes ago

• Wall Street Journal

Why Trump Bombed Iran

When President Trump decided to bomb Iran, it seemed a rebuke to Tulsi Gabbard, the director of national intelligence. On March 25, Ms. Gabbard told the House Intelligence Committee that the intelligence community 'continues to assess that Iran is not building a nuclear weapon and Supreme Leader [Ali] Khamenei has not authorized the nuclear weapons program he suspended in 2003.' That was the consensus of the intelligence community when I worked for the DNI more than a decade ago. When CNN's Kaitlan Collins reminded Mr. Trump of that testimony last week aboard Air Force One, he said: 'I don't care what she said, I think they were very close to having one.'