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Items tagged with: FARRA

Judge #Boasberg also finds that the Foreign Affairs Reform & Restructuring Act (#FARRA) protections likely remain available to #AlienEnemiesAct removals.

Under FARRA, these plaintiffs could seek #UN Convention Against #Torture (#CAT) protections due to *where* they were being taken — #CECOT has been accused of #HumanRights violations before.

#law #immigration #Trump

Even assuming arguendo that the Alien Enemies Act provides the President with the power to remove Plaintiffs, it says nothing about the limits on countries to which they can or should be removed. As the Huisha-Huisha court observed, FARRA does: it dictates the process that must occur before individuals may be removed to places where they fear torture.… Since both statutes can be given meaning, the Court must do so, and FARRA protections are likely available to those removed under the Act.
Plaintiffs claim that they never received the opportunity to request protection under CAT from being deported to El Salvador. Instead, they aver that when the Government loaded them on to planes on the morning of March 15, they were not only prevented from claiming CAT protection, but also not informed where they were being taken. See Shealy Decl., 1 10 ("On the plane,... detainees asked the officers where they were being taken. The officers would only say that they didn't know and then laughed."); Carney Decl., 4 12. Without such information, even if they had been given an opportunity to raise a torture claim, they would not have been able to meaningfully do so. As discussed in Section III.C, infra, the evidence at this point shows a likelihood of potential torture should Plaintiffs be removed to El Salvador and incarcerated there. To the extent that Defendants seek to remove Plaintiffs to that destination, CAT could stand as an independent obstacle.
#cat #humanrights #Trump #law #immigration #un #AlienEnemiesAct #boasberg #cecot #farra #torture

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