The American Civil Liberties Union is asking the Supreme Court to block deportation flights under the Trump administration, arguing that Venezuelan migrants were given less than 24 hours’ notice before possibly being sent without due process to a notorious Salvadoran prison, The Hill reported.
Attorneys for Venezuelan migrants are pleading with the high court to intervene in the White House’s latest round of deportations, arguing the federal government is violating due process and defying an earlier court order.
In an emergency filing, the ACLU accused the administration of rushing deportations under the Alien Enemies Act, giving individuals “a mere 24 hours (or less)” notice and failing to disclose that the migrants, although Venezuelan, could be removed to El Salvador.
The ACLU described a chaotic 48-hour stretch in which government officials moved quickly to remove dozens of migrants. According to the filing, notices were delivered in English only and were not provided to attorneys. The group asserts that the notices gave “no information about the person’s right to seek judicial review, much less the process or timeline for doing so.”
“Whatever due process may require in this context, it does not allow removing a person to a possible life sentence without trial, in a prison known for torture and other abuse, a mere 24 hours after providing an English-only notice form (not provided to any attorney) that gives no information about the person’s right to seek judicial review,” the ACLU wrote.
The case returns to the high court less than a month after justices ruled the administration must give migrants “reasonable” notice to file habeas petitions. Early Saturday, the court issued an emergency order blocking deportation flights pending further review.
The ACLU said the Trump administration has not denied its plans to remove migrants on Friday evening or to transfer them to El Salvador’s Terrorism Confinement Center. It also stated that the administration would claim that individuals could not be returned, even if they were removed unlawfully.
“The government does not deny that dozens of class members were set to be removed Friday evening. Nor does the government deny that if it had delivered class members to the notorious Salvadoran CECOT prison, it would have taken the position that they cannot be returned, even if unlawfully removed,” the filing said.
The ACLU is asking the court to impose stricter conditions on future removals, including at least 30 days’ notice, bilingual notices in Spanish and English, and notice to the ACLU and each migrant’s attorney. The group is also demanding that the government identify in advance whether deportees will be sent to El Salvador.
In a “highly unusual” step, the ACLU has asked the court to take the case immediately rather than waiting for the issue to move through the lower courts.
The group argues that the core issue — whether the Alien Enemies Act can be used outside wartime against alleged gang members — warrants the immediate attention of the Supreme Court.
The Department of Justice has requested that the court clarify whether removals can proceed for migrants who have not challenged the law and whether transfers to El Salvador can continue under standard immigration powers.
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