The Trump administration has faced legal challenges in its policies aimed at dealing with illegal immigrants.
The individuals were flagged for removal under a March 15 proclamation by Trump that invoked the Alien Enemies Act. The duo had entered the United States illegally and are being held in an ICE detention facility in Aurora, Colorado.
The lawsuit, backed by the American Civil Liberties Union, challenged Trump’s invocation of the Alien Enemies Act and argued that the illegal immigrants were denied due process.
“To date, the government has not indicated the type of notice they intend to provide or how much time they will give individuals before seeking to remove them” under the Alien Enemies Act, the lawsuit said.
“However, in a hearing in the Southern District of Texas on Friday, April 11, the government said they had not ruled out the possibility that individuals will receive no more than 24 hours’ notice; the government did not say whether it was considering providing even less than 24 hours.”
In the March 15 proclamation, Trump stated that TdA gang members are an invading force that must be deported from the country quickly to protect American citizens.
“TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States,” the proclamation says, referring to Venezuelan President Nicolás Maduro.
Agencies under the Trump administration have also moved to halt illegal immigration into the United States.
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