- Federal judges block deportations under 18th-century wartime law
- 350,000 Venezuelan migrants face revoked Temporary Protected Status
- $6 million prison deal with El Salvador sparks diplomatic crisis
Federal courts in Colorado and California launched simultaneous challenges Monday to Trump administration immigration policies leveraging a 223-year-old statute designed for wartime enemies. At issue is the administration's controversial use of the Alien Enemies Act - last invoked during World War II - to justify rapid deportations of alleged gang members without standard judicial review processes.
The Colorado hearing centers on 42 Venezuelan nationals detained in April 2025 under suspicions of Tren de Aragua gang affiliation. ICE officials acknowledged 68% lacked U.S. criminal records but argued affiliation with the hybrid criminal stateorganization warranted immediate removal. Judge Amelia Torres temporarily halted proceedings after defense attorneys demonstrated flawed evidence linking detainees to criminal networks.
California's Northern District Court extended protections for nearly 350,000 Venezuelan migrants facing revoked Temporary Protected Status. Legal analysts note the administration's novel interpretation of armed conflictstatutes to include transnational gangs could set dangerous precedents for immigrant rights. This effectively weaponizes immigration law against entire nationalities,said ACLU attorney Marco López.
Regional tensions escalated following revelations of a $6 million agreement with El Salvador to house deportees at the controversial CECOT prison. Human Rights Watch reports detail overcrowded conditions and systemic abuse at the facility, where Salvadoran authorities recently paraded shackled detainees before media cameras. President Bukele's proposed prisoner exchange with Venezuela adds complex diplomatic dimensions to the crisis.
The administration's legal strategy faces mounting challenges after Friday's Ninth Circuit ruling upheld injunctions against mass deportations. Supreme Court Justice Samuel Alito temporarily blocked removal of 178 detainees in Texas pending full review, signaling judicial skepticism of emergency wartime powers claims. Department of Justice attorneys continue arguing national security imperatives outweigh individual due process rights.
Industry Insights:
1. Historical precedent shows the Alien Enemies Act was used 12 times between 1798-1945, primarily against POWs
2. Immigration detention costs average $134/day per detainee vs $4.50/day in Salvadoran facilities
3. Venezuelan migrant remittances totaled $1.4 billion to U.S. banks in 2024
