Overnight #KilmarAbregoGarcia’s attorneys asked Judge #Xinis for severe sanctions against the #Trump admin for violating court orders, saying officials stonewalled them for months, & outright lied.

They want fines & an investigation.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.195.0.pdf

#FactCheck #TrumpLies #law #immigration #rendition #DueProcess #CivilRights #Constitution

Tomorrow, June 13, #KilmarAbregoGarcia will appear in court for an arraignment &—potentially—a pretrial #detention hearing.

In #Lawfare, James Pearce writes about what to watch for during Abrego Garcia’s Hearing.

#immigration #law #Trump #rendition #DueProcess #CivilRights
https://www.lawfaremedia.org/article/what-to-watch-for-in-abrego-garcia-s-hearing-on-potential-pretrial-detention

What to Watch for in Abrego Garcia’s Hearing on Potential Pretrial Detention

The government will want to focus on Abrego Garcia’s alleged links to MS-13, he will respond that no detention hearing is warranted, and the magistrate judge may end up relying on his immigration detention.

Default

It was that rationale with which the #DOJ took issue in its request to the appeals court to put the case on hold. Lawyers for the department assailed it as “unprecedented, baseless & constitutionally offensive.” [GMAFB]

“The district court’s increasingly fantastical injunctions continue to threaten serious harm to the government’s national-security & foreign-affairs interests,” DOJ lawyers wrote.

#law #immigration #AlienEnemiesAct #rendition #Constitution #DueProcess #Judiciary #Trump

In his order last week, Judge #Boasberg sided with the #DOJ, saying that he could not fully refute the #Trump admin’s claims, even while expressing skepticism that the claims were true. Still, he used a different rationale to order the White House to figure out a way to give the #Venezuelans a way to seek relief, saying that the #Constitution demanded they be provided with some sort of #DueProcess.

#law #immigration #AlienEnemiesAct #rendition #CivilRights #HumanRights #Judiciary

The lawyers for the #Venezuelans claimed that the #Trump admin had what is known as “constructive custody” over them because they were being held in #ElSalvador under an agreement between the White House & the Salvadoran president, Nayib #Bukele.

The #DOJ disagreed, arguing that the men were in the sole custody of El Salvador & were therefore beyond the reach of orders issued by American federal #judges.

#law #immigration #AlienEnemiesAct #rendition #DueProcess #Judiciary

Ever since the men landed in #ElSalvador, their lawyers have been seeking another order to bring them back to the #US. And last week, Judge #Boasberg gave them some of what they wanted, directing #Trump ofcls to give the men the #DueProcess they were denied, but leaving it up to the admin to offer an initial plan about how to carry out his instructions.

#law #immigration #AlienEnemiesAct #rendition #Judiciary

“The government has identified no legitimate purpose that is served by holding #immigrant detainees at #Guantanamo, rather than at detention facilities inside the #UnitedStates,” #ACLU attys argue in the suit. “Instead, defendants are using the threat of #detention at Guantanamo to frighten #immigrants, deter future migration, induce self-deportation, & coerce people in detention to give up claims against removal & accept #deportation elsewhere.”

#Trump #law #immigration #rendition #HumanRights

…The plan also comes amid intensifying #legal efforts to block the admin from using #Guantanamo Bay to house #immigrant detainees altogether. A federal class-action lawsuit pending in Washington indicates that there are roughly 70 immigrant detainees currently held there & facing “punitive” conditions, such as insufficient food, weekly changes of clothes & rodent infestation.

#Trump #law #immigration #Gitmo #rendition #CivilRights #HumanRights #InternationalLaw #TheCrueltyIsThePoint

Some 800 Europeans — including 1 Austrian, 100 Romanians & 170 Russians — are being considered for the transfers, acc/to one of the documents. That element of the plan has alarmed some US diplomats, who note that most #European countries are American #allies that are cooperative in taking back deportees & that there’s no need to send the people to #Guantanamo.

#Trump #law #immigration #Gitmo #Guantanamo #rendition #CivilRights #HumanRights