This case follows the April 7 U.S. Supreme Court decision that lifted a nationwide temporary restraining order in a challenge to President Trump’s invocation of the Alien Enemies Act (“AEA”), a 1798 wartime act the administration is trying to use to bypass immigration law, under the President’s Proclamation published March 15, 2025. The Supreme Court has made clear that people targeted for removal under the AEA are entitled to challenge their removals and must have meaningful notice and opportunity to do so.
This emergency class action lawsuit was filed on April 12, 2025, to halt summary removals under the AEA for people in the District of Colorado. At the time the suit was filed, at least 11 Coloradans were already disappeared to the CECOT prison in El Salvador under the AEA. The lawsuit is brought by two petitioners, both Venezuelan men in immigration custody at risk of removal under the President’s Proclamation.
On April 14, 2025, the U.S. District Court for the District of Colorado granted the petitioners’ emergency motion for temporary restraining order (“TRO”) prohibiting the removal from the District of Colorado of noncitizens who are potentially subject to the AEA. The court held an emergency hearing on the petitioners’ motion for TRO on April 21, 2025, and the following day, on April 22, 2025 issued an order granting the TRO and provisionally certifying the class of "all noncitizens in custody in the District of Colorado who were, are, or will be subject to the March 2025 Presidential Proclamation entitled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua and/or its implementation." The TRO prohibited the government from transfering the petitioners outisde of Colorado and required the government to provide petitioners with 21-day notice of any intent to remove individuals pursuant to the AEA. On April 23, 2025, the government filed a notice of appeal to the Tenth Circuit and the next day filed an emergency motion for a stay pending appeal. On April 29, 2025, after briefing to the Tenth Circuit, the Court denied the government's motion to stay the case pending an appeal on the TRO.
On May 6, 2025, the District Court granted the petitioners' motion to certify the class, encompassing all detained noncitizens in the District of Colorado that the government asserts "were, are, or will be" removable under the government's current use of the AEA. The Court also granted the petitioners' request for a preliminary injunction, preventing the government from "detaining, transferring, or removing" the class from the District of Colorado under the AEA. The injunction is indeterminant, meaning it will last until there is another Court order.
PRESS RELEASES:
"Federal Judge Grants Temporary Restraining Order to Prevent Unlawful Alien Enemies Act Deportations in Colorado," April 22, 2025
"Federal Judge Issues Preliminary Injunction; Trump Administration Cannot Use Alien Enemies Act to Remove People from Colorado," May 6, 2025
MEDIA:
“Judge Pauses Trump’s Use of Alien Enemies Act to Deport Venezuelans in Colorado,” The New York Times, April 14, 2025
“Colorado judge puts temporary hold on deportations sought by Trump under Alien Enemies Act,” AP, April 15, 2025
“Federal judge temporarily blocks Trump’s use of Alien Enemies Act to deport Venezuelans from Colorado,” Denver Post, April 15, 2025
“Judge orders Trump to halt Alien Enemies Act Deportations for Colorado detainees,” Colorado Newsline, April 15, 2025
“Colorado judge puts temporary hold on deportations sought by Trump under Alien Enemies Act,” KUNC, April 16, 2025
"Judge Orders Feds not to Remove Venezuelan Men From Colorado," CPR, April 22, 2025
"Judge Bars Removal of Migrants in Colorado Under Alien Enemies Act," CBS News, April 22, 2025
"Yet Another Federal Judge Blocks Trump’s B.S. Deportations," Rolling Stone, April 22, 2025
