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Federal Judge Halts Deportation of Two Venezuelans Linked to Tren de Aragua Gang


The deportation efforts by the federal government targeting supposed Venezuelan gang members have been put on hold by a federal judge in Colorado.

A federal judge in Colorado has issued a temporary halt to the deportation of two Venezuelan nationals alleged to have gang affiliations, providing an emergency order to maintain the court’s jurisdiction while it reviews claims made by the American Civil Liberties Union (ACLU) regarding the denial of due process for these individuals.

The lawsuit, filed on April 12 in the U.S. District Court for the District of Colorado, contests the Trump administration’s invocation of the Alien Enemies Act of 1798, a seldom-used wartime statute that permits the president to detain or deport noncitizens deemed threats during wartime or invasion.

In light of the lawsuit, U.S. District Judge Charlotte N. Sweeney issued a temporary restraining order on April 14, which prevents federal immigration authorities from removing or transferring the two plaintiffs—referred to only by their initials, D.B.U. and R.M.M.—until the court thoroughly evaluates their claims.

“Defendants SHALL NOT REMOVE Petitioners from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order,” Sweeney stated in her minute order.

The two men, who entered the U.S. unlawfully and are currently detained at the ICE facility in Aurora, Colorado, were identified for removal under a proclamation made on March 15 by President Donald Trump. This order cites the Alien Enemies Act to facilitate the quick deportation of noncitizens linked to Tren de Aragua (TdA), a Venezuelan gang recently designated by the State Department as a foreign terrorist organization.

Trump claims that Tren de Aragua represents an invading force operating within U.S. communities and insists that its members must be swiftly deported to ensure the safety of Americans.

“TdA has participated in and continues to perpetrate mass illegal immigration to the U.S. in pursuit of its goals to endanger United States citizens, undermine public safety, and assist the Maduro regime in destabilizing democratic nations in the Americas, including the U.S.,” the president asserted in his proclamation.

Opponents, including the ACLU, contend that the Trump administration is circumventing due process and improperly broadening the application of the Alien Enemies Act to target a non-state entity in peacetime.

Court documents indicate that the government’s claims against the two individuals are based on criteria specified in ICE’s internal “Alien Enemy Validation Guide,” which reportedly flags individuals based on tattoos, clothing, or unconfirmed associations. Both plaintiffs deny any connections to gangs and express fears of persecution and torture if sent back to Venezuela, with one plaintiff claiming that members of Tren de Aragua murdered his family members.
Additionally, on April 14, Judge Sweeney approved the plaintiffs’ request to remain anonymous, citing the potential dangers to their safety if their identities were disclosed. A hearing regarding the ACLU’s emergency motion has been scheduled for April 21.
The ACLU argues that the government is attempting to execute deportations with as little as 24 hours’ notice, providing detainees with no realistic chance to file habeas petitions or obtain judicial review—an approach the organization claims violates a recent Supreme Court ruling.
That ruling, in the case named Trump v. J.G.G., vacated a nationwide ban on removals under the Alien Enemies Act but confirmed that noncitizens must be given timely notice and the opportunity to contest their removal in court via habeas corpus submitted in the district of their detention.

“While the Supreme Court clarified that individuals must be notified before their removal is executed per the Proclamation, allowing them to challenge the government’s actions in court, the government has yet to clarify what kind of notice it will provide,” the ACLU noted in its complaint in Colorado. The group pointed out that in other cases, government representatives suggested that 24 hours might suffice.

“That suggestion not only contradicts the Supreme Court’s directives but could result in Petitioners receiving inadequate notice or failing to have the chance for judicial review before being deported to a maximum-security prison in El Salvador, where they could remain for life,” the complaint states.

According to the ACLU, over 130 Venezuelan nationals have already been deported under Trump’s proclamation, with many being relocated to El Salvador’s CECOT prison, which is criticized for its severe conditions and lack of access to legal support. The ACLU claims that deportees have “lost all communication with their attorneys, families, and the outside world.”

Federal judges in New York and Texas have also issued temporary restraining orders that prevent removals under the same proclamation, citing comparable concerns regarding due process and irreversible harm.

The White House has not yet responded to requests for comments regarding the Colorado case or Judge Sweeney’s decision to suspend the deportations temporarily.



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