Judge sets rules for Trump’s deportations: 21 days’ notice to migrants in their native language

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Charlotte Sweeney, a federal judge in Colorado, has joined the legal battle against the Donald Trump administration. From now on, the president must provide Venezuelan migrants with at least 21 days’ notice before any deportation — such as the controversial mid-March removals to El Salvador — during which time they can appeal in court.

This is the first time since the Republican took office that a court has imposed limits on how the new Trump administration must use the Alien Enemies Act of 1798, under which 238 migrants classified as “criminals” were deported to the Center for the Confinement of Terrorism (CECOT) in El Salvador.

Until now, the dozens of migrants expelled from the United States only learned they were being deported 24 hours beforehand. Over the past two months, family members have accused U.S. authorities of deception, saying many deportees believed they were headed to Caracas, only to be imprisoned in the dreaded Salvadoran mega-prison. Under this arrangement, President Nayib Bukele’s government receives around $20,000 per incarcerated migrant annually.

The decision by the Denver-based federal district judge follows a lawsuit from the American Civil Liberties Union (ACLU) — which currently represents deported immigrants and has sued the Trump administration over the expulsions to El Salvador. The lawsuit essentially demands that the migrants be afforded “due process.” That is, that individuals and their attorneys be notified of the potential deportation within 30 days, and for the government to be transparent when migrants are to be sent to a third country.

The ACLU told the Supreme Court that, “whatever due process may require in this context, it does not allow removing a person to a possible life sentence without trial, in a prison known for torture and other abuse, a mere 24 hours after providing an English-only notice form (not provided to any attorney) that gives no information about the person’s right to seek judicial review, much less the process or timeline for doing so.”

Judge Sweeney’s ruling, issued Tuesday, not only granted a temporary restraining order on the deportations but also required that future notices be provided in a “language the individual understands.”

Speaking to CBS News, Tim Macdonald, legal director of the ACLU of Colorado, thanked the court for putting “a stop to the Trump administration’s unlawful attempt to disappear Colorado residents to a Salvadoran mega-prison.”

He continued: “Due process is fundamental to the rule of law in this country, and the government has shown a rampant disregard for this essential civil right.”

Macdonald also argued that the Trump administration’s desire “to evade due process is a threat to all of us.”