The American Civil Liberties Union (ACLU) on Monday brought a new challenge to President Trump’s use of the Alien Enemies Act to carry out swift deportations. 

The ACLU has convinced judges in New York and Texas to issue temporary orders blocking the administration from using the rarely invoked statute to deport migrants in their judicial districts, and the new suit seeks to do the same for those detained in Colorado. 

The three new cases all follow the Supreme Court’s ruling last week that effectively rejected the ACLU’s initial challenge, brought in Washington, D.C., which sought to block the administration’s plans nationwide. 

The high court ruled that migrants must file their legal challenge where they are physically detained. The justices unanimously agreed, however, that migrants must be afforded an opportunity to challenge their removal before the administration transports them to El Salvador.

“The government stated that they may consider a mere twenty-four hours to be sufficient notice,” the ACLU wrote in the new lawsuit. 

“That suggestion not only defies the Supreme Court’s instructions but could mean that Petitioners may fail to get meaningful notice or opportunity to seek judicial review before being sent permanently to a maximum security prison in El Salvador, where they could spend the rest of their lives according to the Salvadoran President. Petitioners therefore seek this Court’s intervention,” it continued. 

The 1798 Alien Enemies Act enables migrants to be summarily deported amid a declared war or an “invasion” by a foreign nation. The law has been leveraged just three previous times, all during wars, but Trump contends he can use it because the Venezuelan gang Tren de Aragua is effectively invading the United States. 

The Colorado challenge is brought on behalf of two migrants detained in Denver, whom the administration accuses of being members of the gang. Both men contest any affiliation, and one says he fled Venezuela because Tren de Aragua murdered members of his family. 

The case was assigned to U.S. District Judge Charlotte Sweeney, an appointee of former President Biden.