Two U.S. judges on Tuesday extended temporary halts on the deportation of certain Venezuelan migrants, casting doubt on President Donald Trump’s use of an 18th-century wartime law to fast-track their removal from the country.
U.S. District Judge Charlotte Sweeney, based in Denver, ruled that Venezuelan migrants detained in Colorado must receive at least 21 days’ notice before any deportation under the Alien Enemies Act, and they must be informed of their right to contest the action.
In Manhattan, U.S. District Judge Alvin Hellerstein also showed skepticism at a hearing, suggesting the administration should notify Venezuelans at least 10 days before deportation under the same law. While he acknowledged Trump’s intent to act swiftly, he emphasized the importance of upholding legal rights.
“This is not a secret court, an inquisition in medieval times. This is the United States of America,” Hellerstein said.
He further noted that Trump’s March 15 proclamation, which used the Alien Enemies Act to deport hundreds of alleged members of the Venezuelan gang Tren de Aragua to a prison in El Salvador, might violate the Eighth Amendment’s protection against cruel and unusual punishment.
“This proclamation is contrary to law,” said Hellerstein, a judge appointed by President Bill Clinton.
Family members and lawyers of the deported Venezuelans have disputed claims of gang affiliation and argued that the individuals were never given the chance to defend themselves against those accusations.
Trump’s administration has designated Tren de Aragua as a foreign terrorist group.
These rulings mark the first judicial instructions on how the Trump administration must uphold due process rights under the Alien Enemies Act, following an April 7 U.S. Supreme Court decision mandating that migrants be allowed to challenge their deportations in court.
However, the Supreme Court did not set specific requirements for how much notice should be given or decide on the legality of using the law in this context.
During the Manhattan hearing, Justice Department attorney Tiberius Davis said that migrants would be granted at least 24 hours to contest their deportation.
Those deported have been sent to El Salvador’s large anti-terrorism facility under a $6 million agreement with President Nayib Bukele’s government.
Hardline Immigration Approach
The deportations reflect President Trump’s continued strict stance on immigration since returning to office in January.
“The president was elected on this exact program and it remains his most popular policy,” Davis stated in court.
The American Civil Liberties Union (ACLU), representing the migrants in both Colorado and New York cases, had urged the judges to mandate a 30-day notice period—similar to procedures during World War II, the last time the Alien Enemies Act was invoked to deport people of Japanese, German, and Italian descent.
The law permits the president to deport, detain, or impose restrictions on individuals believed to be aligned with a foreign power and potentially dangerous in times of war.
In her ruling, Judge Sweeney wrote that the ACLU likely had grounds in arguing that the law was not applicable in this case, as the presence of Tren de Aragua in the U.S. does not constitute a state of war.
“The court properly recognised that this wartime authority cannot be used during peacetime and that the government is not complying with due process,” said ACLU lead attorney Lee Gelernt in a statement.
On Saturday, the U.S. Supreme Court again intervened, temporarily halting what advocates described as the imminent deportation of dozens of Venezuelan migrants being held in Texas without a fair legal process.
Separately, the Trump administration is being accused of defying a court order related to Kilmar Abrego Garcia, a Salvadoran man who previously lived in Maryland. According to a court filing made public Tuesday, Garcia was wrongly deported to El Salvador last month.
Maryland-based U.S. District Judge Paula Xinis last week directed the administration to provide documents and respond to questions about its efforts to bring Garcia back to the U.S. by Monday.
In a joint court filing, the administration claimed it had made a “good-faith effort” to comply with the request and to provide answers to Garcia’s legal team.
