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The DOJ tells the judge that accused migrants can have at least 24 hours to challenge deportations under AEA

The lawyers of the Department of Justice, who face the recoil of the efforts of the Trump administration to deport the alleged members of migrant gangs under the Alien enemies law in war, told a federal judge on Monday in Colorado who would give these migrants at least 24 hours to present a habit request that challenge their removal.

The measure occurred during a hearing on Monday in which the United States District Judge, Charlotte Sweeney, heard arguments about a temporary order that issued that it prohibits the administration from eliminating non -Citizens of Colorado under the authority of the 18th century that allows non -citizens to be eliminated with little or not due process.

Regarding people requesting habeas corpus, the lawyer of the Department of Justice said that “the Government, at this time, has no intention of eliminating people waiting for litigation.”

In response, the legal director of ACLU Colorado, Tim Macdonald, argued that it is “absurd” to suggest that a 24 -hour notice would be enough time to allow people to have a habit request.

“I suppose we should be splashing this Court with hundreds of habit requests to the extent that the government even allows us to speak with those people,” Macdonald said. “That is not the way in which the rule of law should work.”

The hearing occurred two days after the United States Supreme Court blocked the deportations of AEA of Venezuelan migrants in northern Texas after the men’s lawyers said that the members of the accused gang had received notices that said they were about to be deported.

Macdonald argued on Monday that the notices are “chilling for anyone who worries about due process” and asked the judge to grant a temporary restriction order that blocks such deportations in Colorado.

The Salvadora prison escort alleged that the members of the Venezuelan Gang Train of Aragua and the MS-13 gang recently deported by the United States government in the prison of Cecot, in Tecoluca, El Salvador on April 12, 2025.

Press Secretary of the Presidency Via Reuters

“If your honor were to deny the tro, [the government] I could start eliminating people immediately from the Colorado district or finding another jurisdiction in which they still do not have a tro and start eliminating people there, “MacDonald said.” This has consequences of life or death. “

Last month, the Trump administration fired a legal battle when it invoked the Alien Enemies Law to deport two planned members of migrant gangs to the mega prison in El Salvador arguing that the Venezuelan gang Train of Aragua is a “hybrid criminal state” that is invasing the United States.

An official of the application of immigration and customs of the United States acknowledged that “many” of men lack criminal records in the United States, but said that “the lack of specific information about each individual actually highlights the risk they represent” and “demonstrates that they are terrorists with respect to those who lack a complete profile.”

“The alleged damage to the government that cannot eliminate someone from a statute that was last seen more than 75 years ago … It is trivial compared to the damage to humans who have been sent to the CECOT, potentially for the rest of their lives,” MacDonald argued on Monday.

Judge Sweeney said that his existing order would remain in force until he issues a new decision in 24 hours.

Also on Monday, a federal judge in San Francisco will consider the next steps after that judge last month put a temporary pause on the Trump administration plans to end the legal protections and benefits for up to 350,000 Venezuelan migrants.

The hearing occurs after an appeals court on Friday denied the effort of the Trump administration to block that pause.

The alleged members of Venezuelan gangs deported to El Salvador last month were sent to CECOT as part of a $ 6 million agreement that the Trump administration made with Salvadoran President Nayib Bukele for El Salvador to house the migrant detainees as part of the immigration repression of President Donald Trump.

In a publication on social networks on Sunday, Bukele proposed to repatriate the 252 deported Venezuelans of the United States in exchange for the release of an equal number of “political prisoners” of Venezuela.

“I want to propose a humanitarian agreement that includes the repatriation of 100% of the 252 Venezuelans who were deported, in exchange for the release and surrender of an identical number (252) of the thousands of political prisoners they possess,” Bukele wrote to President Venezuelan Nicolás Maduro in X in Spanish.

Last week, Venezuelan Minister of Internal Relations, Diosdado Cabello, said that the Venezuelan government has “demonstrated” that none of the Venezuelan migrants that the Trump administration deported to El Salvador are members of the train of Aragua.

The Trump administration did not immediately respond to a request for comments.

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