Click play to listen to this article.

President Donald Trump has repeatedly called the arrival of immigrants an invasion and has invoked the Alien Enemies Act to expedite their removal, including 137 people now in an El Salvador prison.

Last week, a federal judge in Colorado disagreed with Trump's interpretation of the 1798 law and granted a temporary restraining order, halting deportations until May 6.

Image

Tim Macdonald, legal director for the ACLU of Colorado, said the statute does not apply to individuals crossing the U.S. border, even if they were members of a gang.

"The Alien Enemies Act, the statute that grants this wartime power, applies only when there is a declared war, or an invasion, or predatory incursion against the United States by a foreign nation or government," Macdonald outlined.

The decision comes on the heels of other federal court rulings ordering the Trump administration to stop Alien Enemies Act deportations, including the U.S. Supreme Court. Trump has criticized the rulings, claiming activist judges are allowing violent criminals to remain in the country.

Nine in 10 of the people now confined in El Salvador had no criminal record and at least one was removed because of an administrative error. The 10th Circuit judge in Colorado also ruled people cannot be removed without 21 days notice.

Macdonald argued all people in the U.S., regardless of their immigration status, have rights, including access to a judge to review the facts of their case.

"We know they're making mistakes, they've acknowledged they are making mistakes," Macdonald pointed out. "They're life-threatening ones when they send people to a foreign prison where they may never see the light of day again."

Trump told reporters in the Oval Office he also intends to send "homegrown" American citizens to the El Salvador facility. Macdonald says if the administration can successfully deprive people of their basic rights, his future use of the power could become a slippery slope.

"When civil rights are threatened, they're threatened for everybody," Macdonald asserted. "Listeners should be concerned that the government is acting in a lawless way to deprive people of their liberty. And the question is, who's next?"