Yesterday, Judge Charlotte Sweeney of the federal District Court for the District of Colorado issued an important ruling against the Trump Administration, involving attempted deportations under the Alien Enemies Act of 1798. The Act can only be used to detain and deport immigrants in the event of a declared war, or an "invasion" or "predatory incursion" perpetrated by a "foreign nation or government." Judge Sweeney ruled (correctly) that none of these preconditions have been met. She also blocked deportation and transfer of the Venezuelan migrant plaintiffs detained in her district, and applied the Supreme Court's earlier ruling requiring that "AEA detainees must receive notice… they are subject to removal under the Act" and that "[t]he notice must be afforded 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."
Here is an excerpt from her discussion of the requirements of the AEA:
