Judge bars removal of migrants in Colorado under Alien Enemies Act
A federal judge in Denver has granted a temporary restraining order barring the
removal of migrants
from the district of Colorado under the 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 El Salvador's Terrorism Confinement Center, or CECOT — among the hundreds of migrants sent to the supermax prison by the Trump administration.
"We are thankful that the Court put a stop to the Trump administration's unlawful attempt to disappear Colorado residents to a Salvadoran mega-prison," said Tim Macdonald, ACLU of Colorado Legal Director. "Due process is fundamental to the rule of law in this country, and the government has shown a rampant disregard for this essential civil right. The Trump administration's desire to evade due process is a threat to all of us. We will continue to fight to permanently stop the government from disappearing people to foreign prisons without due process and in violation of the law. Not one more person should face this nightmare scenario."
CBS News Colorado has reached out to Immigration and Customs Enforcement for comment.
The terms of the Colorado restraining order expire on May 6.
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, President Trump invoked the Alien Enemies Act of 1798, allowing the executive branch to detain or deport noncitizens it deems "dangerous," particularly those administration officials allege are part of the Venezuelan 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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