AP files amended lawsuit over White House press pool ban
President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images)

President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images)

A federal judge in Colorado demonstrated doubt this week about allowing the Trump administration to restart using an 18th-century wartime power to speed up the expulsion of Venezuelan migrants with little notice and limited, if any, legal procedures.

During proceedings on Monday, U.S. District Judge Charlotte N. Sweeney listened to arguments from lawyers representing the Justice Department and advocacy groups for immigrants, debating whether she should extend a temporary restraining order (TRO) that currently prevents the government from utilizing the Alien Enemies Act of 1798 (AEA) to deport migrants to a harsh work camp in El Salvador.

This hearing followed a directive from the U.S. Supreme Court issued in the early hours of Saturday, an unusual event as it was the only Saturday order issued this term, instructing the government to refrain from deporting any immigrant detainees affected by President Donald Trump’s proclamation invoking the AEA in northern Texas.

The Saturday order follows the justices April 7 order in which they unanimously held that “AEA detainees must receive notice after the date of this order that they are subject to removal” under the AEA “within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”

In light of the high court’s ruling, an incredulous Sweeney questioned how the government could prevail in the instant case, asking the government’s attorney, “How could I not continue the temporary restraining order?” the Daily Camera reported.

Seeking to have the TRO lifted, the DOJ assured the court that any individuals subject to removal under the act would be given 24 hours to challenge their deportation before a judge, Denver CBS affiliate KCNC reported.

Attorneys from the ACLU and the Rocky Mountain Immigrant Advocacy Network, the organizations representing the two unnamed petitioners in the case, pushed back on the administration’s position, asserting that affording migrants only one day to file individual habeas corpus petitions could not possibly comply with the Supreme Court’s directive requiring “reasonable time” for court challenges.

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