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Items tagged with: torture

#UnitedStates govt affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"

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DOJ brief signed by #Trump’s AG #PamBondi & the senior leadership at the #DOJ saying, "Plaintiffs have not established irreparable harm."

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#law #Constitution #immigration #DueProcess #CivilRights #HumanRights #torture #DualState #ConstitutionalCrisis #AlienEnemiesAct #CrimesAgainstHumanity

US affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"
DOJ brief signed by AG Pam Bondi & the senior leadership at the DOJ saying, "Plaintiffs have not established irreparable harm."
#humanrights #Trump #law #doj #immigration #constitution #UnitedStates #civilrights #crimesagainsthumanity #pambondi #constitutionalcrisis #dueprocess #AlienEnemiesAct #dualstate #torture

Judge #Boasberg terrifyingly describes the #ElSalvador prison #CECOT knowing that:

- The #Trump admin admitted "many of the TdA members ... do not have criminal records”

- Several cases of misidentification have emerged

- The most senior #DOJ ofcls signed a brief saying these detainees would not suffer "irreparable harm"

#law #Constitution #immigration #DueProcess #CivilRights #HumanRights #torture #DualState #ConstitutionalCrisis #AlienEnemiesAct #CrimesAgainstHumanity

'highly Likely to face immediate & intentional life-threatening harm [El Salvador] govt has boasted that inmates in CECOT "never leave"; indeed, one expert declarant alleges that she does not know of any CECOT inmate who has been released. In a sample of 131 cases, [it was] found that 115 family members of detainees have not received any info about the whereabouts or wellbeing …rarely allowed to leave their cells, have no regular access to drinking water or adequate food, sleep standing up because of overcrowding & are held in cells where they do not see sunlight for days. "tuberculosis, fungal infections, scabies, severe malnutrition & chronic digestive issues are common." disciplined through beatings & humiliation. One inmate clamed that police beat prison newcomers with batons. When he denied being a gang member, they sent him to a dark basement cell with 320 detainees, where prison guards & other detainees beat him every day. On one occasion, one guard beat him so severely that [he] broke a rib." Three prior deportees from the United States reported being kicked in the face, neck, abdomen, & testicles, with one requiring "an operation for a ruptured pancreas & spleen." Needless to say, the risk of torture, beatings, & even death clearly & unequivocally supports a finding of irreparable harm
#humanrights #Trump #law #doj #immigration #constitution #civilrights #crimesagainsthumanity #ElSalvador #constitutionalcrisis #dueprocess #AlienEnemiesAct #boasberg #cecot #dualstate #torture

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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