Trump admin must facilitate return of over 100 deported Venezuelans or give them due process hearings – One America News Network

This decision marks the latest chapter in litigation brought by progressive U.S.-based immigration lawyers and activists. Prior to their deportation during an ongoing court challenge, the plaintiffs had sought an injunction to halt the removals.

“The Court finds that the only remedy that would give effect to its granting of Plaintiffs’ Motion would be to order the Government to undo the effects of their unlawful removal by facilitating a meaningful opportunity to contest their designation and the Proclamation’s validity. Otherwise, a finding of unlawful removal would be meaningless for Plaintiffs, who have already been sent back to Venezuela against their wishes and without due process,” Boasberg wrote.

“Expedited removal cannot be allowed to render this relief toothless. If secretly spiriting individuals to another country were enough to neuter the Great Writ, then ‘the Government could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action,’” he added.

The order requires the administration, by January 5^th, “to facilitate the return of Plaintiffs to the United States or to otherwise provide them with hearings that satisfy the requirements of due process.” 

Lee Gelernt, an ACLU attorney representing the illegal alien males, hailed the ruling as a win.

“After enduring months of torture, these men will finally get the due process they deserve, notwithstanding the Trump administration’s underhanded attempts to deny them any opportunity to contest the accusations that they are gang members,” he said in a statement to The Hill.

However, Boasberg also pointed out that even if the men are released from CECOT, the legal case will still be crucial, as they will continue to face serious consequences from their removal under the Alien Enemies Act.

Some of these consequences include being permanently barred from entering the U.S., being labeled as members of a foreign terrorist organization (FTO), having their assets seized, being denied asylum, and facing other related restrictions. In other words, their release from prison does not solve the broader legal and personal issues.

“If Plaintiffs were to succeed in their challenge to their designation as TdA members and alien enemies, these ongoing injuries would be remedied,” Boasberg added, suggesting that if the plaintiffs win their case, the court could invalidate or reverse the designations.