ACLU makes a great request to the courts in battle against the Trump administration

The ACLU on Thursday requested a Federal Court that orders the Trump administration to bring back all men who sent an infamous prison in El Salvador under the Alien Enemies Law. Therefore, their cases can be heard by the courts and can receive the due process that were denied.

The new request from the American Union of Civil Liberties, which represents a group of Venezuelan men labeled as “alien enemies” by the administration in the case of JGG v. Trump, occurred in the form of a complaint amended and petition that requested the DC District Court to identify those who currently stop at CECOT and those that can be sent there as classes that can obtain classes relief from the court of the court. The relief looking for ACLU is the release of all men designated as alien enemies of prison in El Salvador and his return to the United States.

The Trump administration must “immediately request and take all reasonable measures to facilitate the return of the subclass to the United States of the jailer of respondents in El Salvador”, the request asks the court to govern. “That includes, among others, that they require that respondents request that their contractors and agents in El Salvador transfer the CECOT subclass to the physical custody of the United States, and require that respondents stop paying their contractors and agents in El Salvador to stop the CECOT subclass.”

This request represents an expansion of the legal efforts of ACLU to counteract the interpretation policy of the Trump administration to El Salvador under the Alien enemies law in search of obtaining the release and return of all CECOT detainees, not just those at risk of being sent there. The amended complaint adds to the case of new plaintiffs that are currently held in CECOT, including FENGEL REYES MOTA, a 24 -year -old Venezuelan with a pending asylum case, and Andry José Hernandez Romero, a 31 -year -old gay makeup artist. Previously, the ACLU only represented the detainees within the US. And sought to stop his removal to Cecot under the alien enemies law.

The Trump administration accused, without providing evidence, men eliminated as “alien enemies” of being part of a Venezuelan -based gang called a Aragua Train. In many cases, people were accused of affiliation of gangs based only on having common image tattoos, their loved ones and lawyers wrote in statements. According to a document from the Department of National Security as an exhibition of the complaint of the ACLU, the tattoos of trains, crowns, stars or watches, as well as a person who uses “sports attire of professional sports teams with Venezuelan nationals in them.”

Alex Wong through Getty Images

The Supreme Court ruled in the case of JGG on April 7 that those identified as alien enemies must receive due process, but can only do so through habit requests presented in the jurisdictions where they are detained. However, the court did not specify how those who are already detained outside the United States could challenge their arrest.

Almost all people arrested in CECOT have had no contact with the outside world since they arrived there. People are not guaranteed legal representation for immigration procedures and many of them had no lawyers. The Trump administration has not revealed the identities of the people he sent to Cecot, but in March, News obtained an internal list of the people’s government in the first three flights to El Salvador. The publication of that list is how many people learned that their loved ones or customers were on CECOT.

Reyes Mota, one of the many people sent to Cecot despite requesting asylum in the United States, arrived in the United States in 2023 with his wife and son after fleeing the violence of the paramilitary groups in Venezuela, wrote his wife Liyanara Sánché in a statement. During a Routine immigration check-in appointment in February, Reyes Mota was arrested without explanation and transferred through multiple immigration detention facilities in the United States in subsequent audiences, the government alleged without evidence that it was part of the train of Aragua, an accusation that Sanchez described as “completely false.”

Sánchez last listened to her husband on the morning of March 15. They had told him to be deported to Venezuela and feared to be separated from his wife and son. In the following days, the staff of the El Valle detention Center, where he had been held for the last time, confirmed that he had been withdrawn, but refused to say where. It was not until News published the name list a week after Sanchez realized that her husband had been sent to Cecot in El Salvador.

Since then, Sanchez obtained copies of his immigration paperwork ordering his deportation, which “listed another person’s last name, referred to him with female pronouns and used two numbers to different,” he wrote. “These mistakes concern me a lot how the government identified it for deportation.”

Brochure through Getty Images

The amended request of the ACLU states that those currently staying in CECOT are in the “constructive custody” of the United States and, despite being retained in a foreign country, are still considered detained at the request of the United States government. This means that they must have the same habit rights as those maintained in detention in the United States

“There is no doubt that the United States government is responsible for the imprisonment of the Cecot subclass in El Salvador: it eliminated these petitioners to El Salvador with the purpose of detention in CECOT,” says the petition. “There is also no question that the United States government is working through an intermediary or agent to stop the CECOT subclass: El Salvador is stopping these people at the request of the United States government, and the United States government is paying El Salvador to house them.”

This is what other courts have already determined for those that the Trump administration took to CECOT. The United States government “exercises control over each of the almost 200 migrants sent to CECOT”, the Judge of the Paula Xinis District Court certain In the case of Kilmar Abrego García, Maryland’s man that the administration admitted that he had mistakenly moved to El Salvador.

Trust a series of cases of “war on terror”including those centered in the Center for the Detention of the Bay of Guantanamo, Cuba, the petition argues that the detainees remained abroad at the direction of the United States can present beans requests in the DC District Court of DC, since that is the location of the entity that orders this arrest: the United States government. This is what the Supreme Court determined in 2008 for the war against terrorist detainees in Guantanamo.

A plaintiff who defies his arrest in constructive custody outside the United States “can appoint any of his custodians as surveyed (not only the immediate custodians) and can file the claim in the court that has jurisdiction on those respondents,” the Supreme Court in 2004 in 2004 in 2004 Rumsfeld v. Padillawhich cites the request of ACLU.

Sánchez has not had contact with Reyes Mota since he disappeared to El Salvador, he wrote. “Our son continues to ask his father and fight to understand why this has happened,” he added.

“We don’t know if we’ll ever see it again.”