Today, a federal judge granted a motion from the American Civil Liberties Union (ACLU). Their goal was to prevent the pending deportations of suspected members of Venezuela’s Tren de Aragua gang — a deportation that the Trump administration started under the seldom used Alien Enemies Act. This law, originally passed in 1798, allows the federal government to deport noncitizens who are deemed a danger to national security in times of war. For the first time since World War II, the federal government is actively using this law.
The ACLU is advocating for Venezuelan nationals scheduled for deportation. These people are at the moment detained inside the Bluebonnet Detention Facility in Anson, Texas. The group is claiming the Trump administration hasn’t provided nearly enough information. They are quite specifically referring to removal notices they have received for their own clients. They have intervened before the Supreme Court and a federal appeals court. They’re hoping to get a temporary restraining order that will halt the deportations, on arguments that due process is being violated.
The recent legal misfire that started after the Supreme Court removed an emergency stay. This order that had previously blocked the narrow use of the Trump administration’s Alien Enemies Act on a 5-4 order decision, dated April 7. U.S. District Judge James Boasberg, who oversaw the case, found the incident. He explained that he was unable to provide any relief to plaintiffs after the Supreme Court’s decision.
“It is very concerning, but at this point I just don’t think I have the ability to grant relief to the plaintiffs,” – Judge Boasberg
The ACLU’s motion highlights that late-night notices of removal were communicated to detained individuals in English only, failing to provide essential information regarding contesting their removal. Additionally, ACLU attorneys reported that some detainees were informed they would be removed within 24 hours, leading to concerns about expedited deportations without appropriate legal recourse.
“Late last night and early today, Plaintiffs learned that the government has begun giving notices of removal to class members, in English only, which do not say how much time individuals have to contest their removal or even how to do so,” – ACLU’s motion to the DC district court
The ACLU argued that without immediate judicial intervention, many detainees could be removed from the United States within hours, violating their due process rights and ignoring the Supreme Court’s earlier orders.
“Without this Court’s immediate intervention, dozens or hundreds of class members may be removed to CECOT within hours — all without any real opportunity to seek judicial review, in defiance of due process and the Supreme Court’s order,” – ACLU’s motion
To this homophobic attack, Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin boldly asserted. She stressed that they don’t comment on the details of specific counter-terrorism operations but promised that their operations are in compliance with the Supreme Court’s decision.
The Trump administration responds to the Tren de Aragua gang as though it were an invading military force, penetrating U.S. borders with deep and sudden incursions. They attribute its skyrocketing expansion to what Trump has dubbed the lax Biden administration immigration policies. The administration’s steps mark a move from preventative outreach efforts to focused enforcement strategies targeting supposed criminal elements in immigrant communities.
Plans for mass deportations using the Alien Enemies Act are allegedly in the works. Now U.S. officials are saying those flights could start as soon as this month. According to numerous Justice Department sources, these plans should be downplayed, as there are no immediate plans for flights given the many legal challenges still underway.
“I’ve also been told that there are no flights tonight, and that the people I spoke to were not aware of any plans for flights tomorrow,” – Justice Department official Drew Ensign
These changes herald much deeper legal and ethical issues related to the due process rights of people held in detention. The ACLU is asking for a 30-day advance notice to deportations to allow for legal review. This meaningful requirement provides those impacted with the necessary time and space to challenge their removals.
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