Colorado judge orders 21-day deportation notice for Venezuelan migrants

A federal judge in Colorado has ordered President Donald Trump’s administration to provide 21 days’ notice before deporting Venezuelan migrants detained in the state, issuing a significant procedural safeguard under a rarely invoked wartime law.

US District Judge Charlotte Sweeney’s ruling, issued on Tuesday, maintains a temporary block on deportations under the 1798 Alien Enemies Act, a law historically used during wartime to expel individuals considered threats to national security. The Trump administration has controversially invoked the act as part of its sweeping immigration crackdown since returning to office in January.

According to Reuters, Judge Sweeney’s decision marks the first time a court has laid out specific due process requirements for deportations under the law, following a US Supreme Court ruling earlier this month that granted migrants the right to challenge their removal — though the high court didn’t define how much advance notice was needed.

During a hearing Monday, a Justice Department attorney said the government planned to give just 24 hours’ notice to those facing deportation under the law.

“The court properly recognized that this wartime authority cannot be used during peacetime and that the government is not complying with due process,” said Lee Gelernt, the lead American Civil Liberties Union (ACLU) attorney representing the detained migrants.

Judge Sweeney ordered that detained migrants be notified in a language they understand and informed of their right to consult legal counsel. The ACLU had requested a 30-day notice period, citing precedent from World War II, when the Alien Enemies Act was last broadly used to intern and deport people of Japanese, German, and Italian descent.

While the judge stopped short of granting the full 30-day window, her ruling underscored skepticism that the current use of the act is lawful.

In her written opinion, Sweeney noted the ACLU’s argument that the presence of the Tren de Aragua, a Venezuelan gang cited by the administration as a national security threat, “did not amount to an act of war.”

The Alien Enemies Act allows the president to detain, deport, or impose restrictions on individuals from countries deemed hostile during wartime. The ruling applies only within Colorado for now, but it could set a precedent for other.

(With inputs from Reuters)

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