Federal judge declines to put order on hold imposing limits on ‘alien enemies’ removals
A federal judge on Thursday rejected the government’s request to put her order on hold while it seeks review of the decision to place temporary procedural limitations on removals of non-citizens suspected of being “alien enemies.”
On April 22, U.S. District Court Judge Charlotte N. Sweeney issued a temporary restraining order in a case brought by two detained Venezuelan men on behalf of themselves and all others subject to President Donald Trump’s proclamation invoking the Alien Enemies Act of 1798. In the March 14 proclamation, Trump initiated a process to summarily remove non-citizens, over the age of 14, accused of being members of the Tren de Aragua gang.
Sweeney prevented the government from executing unilateral removals of alleged “alien enemies,” instead requiring the government to give people 21 days’ notice and advise them they can contest their designations and consult with an attorney. That information must be conveyed in a language the recipient understands.
The U.S. Department of Justice filed a brief motion on Wednesday arguing only that the petitioners “have not met their heavy burden to obtain the relief that was granted.” They asked Sweeney to suspend, or stay, her 14-day temporary restraining order while it appeals — even though such decisions are not normally appealable. Sweeney denied the motion without elaboration.
Meanwhile, the Justice Department has asked the U.S. Court of Appeals for the 10th Circuit to step in, arguing Sweeney exceeded her authority and “usurped” the president’s authority to address “what he has identified as an invasion.”
The motion in the 10th Circuit was filed by government lawyers in Washington, D.C., rather than Colorado’s U.S. Attorney’s Office, which originally responded to the petitioners’ claims in Sweeney’s court. It included lengthy arguments about TdA itself, which the government did not raise to Sweeney.
The Justice Department also did not mention a key legal authority Sweeney relied upon when issuing her decision: A U.S. Supreme Court order from Saturday — in a Texas case very similar to the Colorado litigation — in which a majority of justices blocked the government from removing suspected “alien enemies” from that jurisdiction.
The government has asked the 10th Circuit for a ruling by April 29, halfway through the 14-day period covered by the temporary restraining order. In turn, the circuit directed the petitioners to respond by the end of Saturday.
The case is D.B.U. et al. v. Trump et al.

