Trump's Venezuelan deportations face further pushback from district judge

Denver, Colorado - District Judge Charlotte Sweeney, based in Denver, ruled to extend temporary blocks on the deportation of Venezuelan migrants located in the state of Colorado.

Several US judges have extended temporary blocks on the deportation of Venezuelan migrants by the Trump administration.
Several US judges have extended temporary blocks on the deportation of Venezuelan migrants by the Trump administration.  © AFP/Marvin Recinos

Sweeney indicated a belief that President Donald Trump's invocation of the 1798 Alien Enemies Act was unlikely to stand up to a judicial review.

As a result of this belief, Sweeney ruled that the Trump administration must give Venezuelan migrants at least 21 days of notice ahead of any deportations and must inform them fully of their rights.

A US district judge in Manhattan seemed to agree with Sweeney's ruling, but set the notice period to only 10 days, saying that he understands Trump's desire to move quickly.

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"This is not a secret court, an inquisition in medieval times. This is the United States of America," Manhattan district judge Alvin Hellerstein said.

Hellerstein said that Trump's use of the act to deport alleged gang members to El Salvador was "contrary to law" and ran afoul of migrants' rights to due process.

Trump has taken a hardline approach to migration, launching an immediate mass deportation campaign when he re-entered office on January 20.

Trump administration's use of 1798 wartime act comes under fire

The policy has seen Immigration and Customs Enforcement (ICE) arrest thousands off the street, many mistakenly, detain them indefinitely, and deport many to foreign countries such as El Salvador.

Sweeney agreed with claims made by the American Civil Liberties Union (ACLU) that the 1798 act could not be used to deport alleged gang members without due process because their mere presence is not an act of war.

"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 ACLU lawyer in the case.

Cover photo: AFP/Marvin Recinos

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