Judge Halts Deportations Under 1798 Alien Enemies Act/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal judge in Colorado has temporarily blocked deportations under President Trump’s use of the 1798 Alien Enemies Act. The ruling protects noncitizens in custody who fear removal without due process. The case centers on two Venezuelan men accused of gang ties without evidence.
Colorado Judge Blocks Deportations Under Alien Enemies Act – Quick Looks
- Temporary Legal Halt: Judge Charlotte Sweeney issued a 14-day stay on deportations in Colorado.
- Rare Law Invoked: Trump is using the 1798 Alien Enemies Act to fast-track removals.
- Plaintiffs Fear False Accusation: Two Venezuelan men in Denver say they’re wrongly linked to gangs.
- Due Process Concerns: The U.S. Supreme Court ruled last week that hearings are required first.
- Nationwide Ripple Effect: Judges in Texas and New York have also paused similar deportations.
- Historic Law, Rarely Used: Previously invoked during WWII for internment of Japanese-Americans.
- Next Steps: A court hearing is scheduled for April 21 to determine the order’s future.
- ACLU Leads Challenge: Civil liberties groups argue removals violate constitutional protections.
Judge Halts Trump’s Deportations Under 1798 Alien Enemies Act
Deep Look
DENVER — A federal judge in Colorado has issued a temporary order halting the deportation of immigrants detained under President Donald Trump’s use of the centuries-old Alien Enemies Act, marking the latest legal pushback against the administration’s broad immigration crackdown.
District Court Judge Charlotte N. Sweeney signed the emergency order Monday night, following a request from the American Civil Liberties Union (ACLU). The ACLU filed on behalf of two Venezuelan nationals currently held in Denver, both of whom fear they may be wrongfully deported due to baseless accusations of gang affiliation.
Their attorneys say the men are falsely suspected of ties to Tren de Aragua, a Venezuelan criminal group that Trump claims is part of an “invasion” of the U.S.
A Rarely Used, Controversial Law
At the heart of the controversy is Trump’s March invocation of the Alien Enemies Act, a little-used piece of 1798 legislation originally passed during wartime tensions with France. It allows the president to order the removal of nationals from countries deemed hostile during conflicts.
Historically, the law has only been used three times — most infamously during World War II to intern Japanese-Americans. Now, it’s being deployed to justify sweeping deportations of certain Latin American migrants, mostly Venezuelans.
Growing Judicial Pushback
Last week, the U.S. Supreme Court ruled that any individual facing deportation under the Alien Enemies Act is entitled to a hearing in federal court before removal. That decision has triggered legal responses in Texas, New York, and now Colorado.
Judge Sweeney’s ruling blocks deportations of any noncitizen currently detained in the District of Colorado under the Alien Enemies Act for at least 14 days. The decision follows similar temporary restraining orders issued by other federal judges.
A hearing has been set for April 21, where further legal arguments will determine whether the freeze remains in place.
Political and Human Rights Repercussions
The Trump administration has defended the use of the 1798 law as essential to protecting national security. Officials claim thousands of migrants tied to foreign gangs have entered the country and pose a public safety threat.
Critics — including the ACLU and immigration advocates — call the move xenophobic and unconstitutional, accusing the administration of racial profiling and eroding due process.
“This is a blatant attempt to sidestep constitutional protections,” said ACLU lawyer Thomas Kennedy. “Our clients are being targeted not for what they’ve done, but for who they are and where they come from.”
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