Two U.S. judges have extended temporary blocks on the deportation of some individuals from a South American nation and raised concerns about the administration’s use of a 1798 law, historically applied during wartime, to expedite their removal. A judge in Denver ruled that the administration must provide detained individuals with 21 days’ notice before deportation under this act and inform them of their right to challenge the removal.
In a Manhattan court hearing, another judge indicated a similar inclination to require at least 10 days’ notice, emphasizing the need for due process even with the administration’s desire for swift deportations. This judge also questioned whether the administration’s proclamation invoking the law to deport individuals accused of gang affiliation might violate constitutional protections against cruel and unusual punishment.
Lawyers for the affected individuals have denied their clients’ involvement in the alleged gang and stated they were not given an opportunity to contest the allegations. The legal challenges come after the Supreme Court ruled that these individuals must have a chance to challenge their deportations in court. The judges’ rulings provide initial guidance on ensuring due process under the invoked law.