DOJ tells judge accused migrants can have at least 24 hours to contest deportations under AEA [View all]

Source: ABC News

April 21, 2025, 2:44 PM


Lawyers for the Justice Department, facing pushback on the Trump administration's efforts to deport alleged migrant gang members under the wartime Alien Enemies Act, told a federal judge in Colorado Monday that they would give such migrants at least 24 hours to file a habeas petition contesting their removal.

The move came during a hearing Monday in which U.S. District Judge Charlotte Sweeney heard arguments over a temporary order she issued barring the administration from removing any noncitizens from Colorado under the 18th century authority that lets noncitizens be removed with little-to-no due process.

Regarding individuals who file for habeas corpus, the DOJ attorney said "the government, at this time, has no intent to remove those individuals pending litigation."

In response, ACLU Colorado Legal Director Tim Macdonald argued that it is "preposterous" to suggest that a 24-hour notice would be enough time to allow people to file a habeas petition. "I guess we should be peppering this court with hundreds of habeas petitions to the extent the government even allows us in the facility to talk to those people," said Macdonald. "That's not the way the rule of law should work."

Read more: https://abcnews.go.com/US/judges-colorado-california-hear-arguments-administrations-deportation-policies/story?id=121013748