A federal judge in Colorado has issued a temporary order blocking the deportation of noncitizens in the state under President Donald Trump’s use of the Alien Enemies Act, a rarely invoked wartime law from the 18th century, The Associated Press reported on Tuesday.
District Court Judge Charlotte N. Sweeney granted the emergency order Monday night after a petition filed by the American Civil Liberties Union (ACLU) on behalf of two Venezuelan men detained in Denver, the report said, adding that the men expressed fears they would be wrongfully accused of gang affiliation — specifically with Tren de Aragua, a criminal group Trump has linked to what he has called an “invasion” of the United States.
The Alien Enemies Act, dating back to 1798, allows the president to detain or deport nationals of enemy countries during times of conflict, and it has only been used three other times in American history.
According to the report, Judge Sweeney’s emergency order places a 14-day hold on the removal of all noncitizens currently in custody in Colorado who may fall under Trump’s invocation of the act. A hearing to review the case has been scheduled for April 21.
Last week, a U.S. Supreme Court ruling determined that any person facing deportation under the Alien Enemies Act must be granted a hearing in federal court. In response, judges in New York and Texas also issued similar temporary halts to deportations in their jurisdictions.
The ACLU, which brought the Colorado case forward, argues that applying the Alien Enemies Act in this context is a misuse of executive power and risks unjustly targeting immigrants without due process.