The American Civil Liberties Union has asked the Supreme Court to stop deportation flights during the Trump administration. They claim that Venezuelan migrants received less than 24 hours’ notice before being possibly sent without due procedure to a notorious Salvadoran jail, The Hill reported.
Lawyers for Venezuelan migrants have asked the Supreme Court to intervene in the White House’s latest round of deportations. They claim the federal government has violated due process by ignoring an earlier court order and is denying the court’s previous ruling.
The ACLU filed an emergency complaint accusing the administration of hasty deportations in violation of the Alien Enemies Act. They claimed that individuals were given “a mere 24-hour (or less!)” notice, and they failed to inform them that although the migrants are Venezuelans, they could be sent to El Salvador.
The ACLU described an incredibly chaotic 48-hour period in which officials acted quickly to remove dozens of migrants. The filing states that notices were only delivered in English, and attorneys were not informed. The group claims that the notices did not provide “any information about the right of the person to seek judicial reviews, nor the process or timelines for doing so.”
The ACLU stated, “Whatever due process might require in this context does not allow the removal of a person from a possible prison sentence for life without trial in a jail known for torture and abuse, just 24 hours after a notice form in English only (not given to an attorney) which gives no information on the person’s rights to seek judicial reviews,”
The case is brought back to the high courts less than one month after the justices ruled that the administration had to give migrants a “reasonable notice” to file habeas. The court issued a temporary emergency order to stop deportation flights until further review.
ACLU stated that the Trump administration had not denied their plans to remove migrants from El Salvador on Friday night or to transfer them there. The ACLU also said that the Trump administration would claim individuals cannot be returned even if they are removed illegally.
The government doesn’t deny the fact that dozens were scheduled to be taken away Friday evening. The government also does not deny that it would have refused to return class members if they had been delivered to the CECOT prison in El Salvador, even if they were removed illegally.
The ACLU wants the court to set stricter conditions for future removals. These include a 30-day notice, notices in both Spanish and English, and notification to the ACLU as well as each migrant’s attorney. The group also demands that the government determine in advance if deportees are going to El Salvador.
The ACLU, in a “highly uncommon” move, has asked that the court take the case right away rather than wait for it to be heard by the lower courts.
The group claims that the Supreme Court should immediately address the issue at hand — whether the Alien Enemies Act may be used against suspected gang members outside of wartime.
The Department of Justice requested clarification from the court on whether migrants who did not challenge the law can be removed and whether transfers to El Salvador are still possible under normal immigration powers.