This emergency class action lawsuit was filed on April 12, 2025, to halt summary removals under the Alien Enemies Act (“AEA”) for people in the District of Colorado. The case is brought by two petitioners, both Venezuelan men in immigration custody at risk of removal under the President’s Proclamation—signed in secret on March 14, 2025, and published the next day. At least 11 Coloradans have already been disappeared to the CECOT prison in El Salvador under the AEA.
On April 14, 2025, a federal court 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 prohibits the government from transfering the petitioners outisde of Colorado and requires 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.
The action follows a U.S. Supreme Court decision on April 7 lifting a nationwide temporary restraining order in a challenge to President Trump’s invocation of the AEA, a 1798 wartime act the administration is trying to use to bypass immigration law. 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.
PRESS RELEASES:
"Federal Judge Grants Temporary Restraining Order to Prevent Unlawful Alien Enemies Act Deportations in Colorado," April 22, 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
