The American Civil Liberties Union has filed a lawsuit in U.S. District Court in Colorado to try to block the Trump administration from using the Alien Enemies Act to remove immigrants unlawfully living in the U.S. who are accused of being members of a Venezuelan gang.

The lawsuit seeks a temporary restraining order to prevent President Donald Trump from using the wartime act, arguing the White House proclamation designating members of Tren de Aragua as “alien enemies” does not satisfy the tenets of the Alien Enemies Act.

Specifically, a gang’s criminal activities “do not constitute an ‘invasion or predatory incursion’ under the AEA and the Act was a wartime authority meant to address ‘military’ attacks,” the ACLU argued in the lawsuit.

ACLU said the temporary restraining order is necessary because the petitioners, which the group called “civilian detainees,” are at “substantial risk of immediate, summary removal” from the U.S. 

Attorneys with the ACLU brought the suit on behalf of two Venezuelan men being held at the Aurora Detention Center. Neither of the men, their attorneys said in court documents, is a gang member.

The lawsuit is the third filed in court in recent days, joining similar challenges in Texas and New York.

The court has assigned the case to Judge Charlotte N. Sweeney, an appointee of Joe Biden. On April 14, Sweeney issued an order barring the government from removing the men from Colorado or the United States, as it has with other detainees. She also scheduled a hearing for April 21 to hear their request for an injunction.

The Trump administration has accused TdA of conducting “irregular warfare” and “undertaking hostile actions” against U.S. The White House also said TdA is operating in conjunction with the Maduro regime, even as it “commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking.”

Originally passed in 1798, the Alien Enemies Act gives the president broad wartime authority to detain, relocate and deport non-citizens from countries with which the United States is at war. The act has only been used three times in American history, including during World War II, when the U.S. held Japanese nationals in internment camps. The federal government also held Japanese Americans in internment camps during WWII but not under the Alien Enemies Act.

The U.S. Supreme Court has allowed the Trump administration to use the wartime law to deport Venezuelan immigrants accused of being members of the TdA gang.

Originally a Venezuelan prison gang, TdA appears to have infiltrated the U.S. by embedding themselves with Venezuelans fleeing President Nicolás Maduro’s oppressive regime. Over the past two years, more than 40,000 Venezuelans have come to Denver, with about half staying in the metro area, plane, train and bus tickets suggest.

Authorities have said TdA has been involved in a myriad of criminal activities, including an Aurora kidnapping in December.

A Supreme Court ruling earlier this month ended a temporary halt on deportations ordered by a federal district judge.

The high court also ruled the administration must give Venezuelans an opportunity to dispute any deportation orders and seek habeas corpus relief, the process that allows an individual to challenge their detention.

According to the ACLU’s filing, the White House has not ruled out the possibility that individuals will receive “no more than 24 hours’ notice.”