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ACLU sues Trump administration to halt immigrant transfers to Guantanamo

ACLU sues Trump administration to halt immigrant transfers to Guantanamo

Yahoo02-03-2025

Immigrant rights groups sued the Trump administration on Saturday in hopes of stopping the transfer of immigrants from the U.S. to Guantanamo Bay, according to the suit filed by multiple legal advocacy groups including the American Civil Liberties Union.
The legal groups filed the lawsuit in Washington, D.C., federal court on behalf of 10 migrants who are in immigration custody in the U.S. and who they say are at 'imminent risk' of being transferred to the American detention camp in Cuba without legal authority. The suit alleges the transfers are 'arbitrary and capricious' and violate federal law and the U.S. Constitution, citing the Administrative Procedure Act and the Fifth Amendment.
The individuals who are at risk of transfer and detention at Guantanamo include seven Venezuelan nationals, one Afghan national, one Pakistani national and one Bangladeshi national.
'They all have final orders of removal and may [be] transferred at any time, placing them at immediate risk of harm, including the denial of access to the outside world and the likelihood of being subject to horrific, punitive conditions at Guantánamo,' the advocacy groups alleged in their request for an emergency stay in the transfer of the 10 individuals.
In the suit, the groups said they aren't challenging the administration's authority to 'detain the individuals on U.S. soil or to directly remove them to their home country or another statutorily authorized country' but the 'government's unprecedented and unlawful decision to transfer and detain them at Guantanamo.'
The groups added, 'Never before has the federal government moved noncitizens apprehended and detained in the United States on civil immigration charges to Guantánamo. Nor is there any legitimate reason to do so now. The government has ample detention capacity inside the United States, which is far less costly and poses none of the logistical hurdles attendant to detaining people on Guantánamo.'
Lee Gelernt, the lead counsel in the case and the deputy director of the ACLU's Immigrants' Rights Project, referred to the move as 'theatrics.'
'Sending immigrants to a remote abusive prison is not only illegal and unprecedented, but illogical given the additional cost and logistical complications. Ultimately this is about theatrics,' Gelernt said in a statement.
According to the ACLU, the 10 individuals are not gang members and are not 'high risk criminal aliens,' which is the language at the heart of President Donald Trump's executive order allowing migrants to be transferred to Guantanamo.
The government has not provided any notice of when transfers will occur or who will be transferred. But some of these men have already been threatened with transfer to Guantanamo, the ACLU said.
The groups added in the filing that 'the government has refused to provide notice of transfers to Guantánamo, so they can occur at any moment.'
Last month, the groups filed a suit against the government on behalf of detainees' family members and groups that provide immigration legal services, claiming the government thwarted 'access to counsel for immigrant detainees' who were transferred from the U.S. and held at Guantanamo, according to the complaint.
In response to the lawsuit, the administration revealed it had detained 178 migrants from Venezuela at Guantanamo Bay. A senior administration official told NBC News last month that all detainees held there were cleared from the facility. Over 170 Venezuelan migrants were deported and one was returned to detention in the U.S. shortly after the administration had begun housing migrants at the facility.
'Nothing in U.S. law authorizes ICE to detain people in foreign countries, but that appears to be of no concern to the Trump administration,' Arthur Spitzer, senior counsel at the ACLU of the District of Columbia, said in a statement. 'For an administration that has been touting supposed efficiency with taxpayer dollars, President Trump seems eager to waste money on unnecessary and unlawful mistreatment of immigrants.'
This article was originally published on NBCNews.com

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LA Protests: Trump's National Guard Move Sparks Legal Concerns
LA Protests: Trump's National Guard Move Sparks Legal Concerns

Newsweek

time17 minutes ago

  • Newsweek

LA Protests: Trump's National Guard Move Sparks Legal Concerns

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. President Donald Trump's announcement of the deployment of the National Guard in California to quell protests against U.S. Immigration and Customs Enforcement (ICE) actions has raised legal concerns. Why It Matters Federal immigration enforcement operations sparked protests across California for a second day in a row on Saturday. ICE carried out raids in Paramount, Los Angeles County, following similar actions at several locations throughout other parts of city on Friday. Governor Gavin Newsom criticized the move, saying that local law enforcement was already mobilized and the presence of the National Guard was "purposefully inflammatory," would "escalate tensions" and "erode public trust." What To Know On Saturday, the White House ordered the deployment of the National Guard to Los Angeles under a provision called Title 10 to "temporarily protect ICE and other United States government personnel who are performing federal functions." The National Guard is a state-based military force that serves as both a state and federal reserve branch of the U.S. Army and Air Force. It typically operates under state command and is funded by the state. However, in some cases, troops may be assigned to federal missions while still under state control, with funding provided by the central government. The law referenced in Trump's proclamation allows National Guard troops to be placed under federal command, and permits this under three conditions: if the U.S. is invaded or faces the threat of invasion; if there is a rebellion or imminent rebellion against federal authority; or if the president is unable to enforce federal laws using regular forces. A protester stands on a burned car holding a Mexican flag at Atlantic Avenue on June 7, 2025, in Paramount, Los Angeles County, California. A protester stands on a burned car holding a Mexican flag at Atlantic Avenue on June 7, 2025, in Paramount, Los Angeles County, California. Apu Gomes/GETTY The memorandum from the White House reads: "To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the government of the United States." However, the law also stipulates that such orders should be "be issued through the governors of the states." It is not immediately clear if the president can activate National Guard troops without the order of that state's governor. Newsweek contacted the White House for clarification via email outside of regular working hours. "President Trump's deployment of federalized National Guard troops in response to protests is unnecessary, inflammatory, and an abuse of power," said Hina Shamsi, director of the American Civil Liberties Union's National Security Project. The Trump administration has not invoked the Insurrection Act, according to anonymous U.S. officials who spoke to Reuters this weekend. The act of 1807 serves as the primary legal authority allowing a president to deploy the military or National Guard during times of rebellion or civil unrest. A memo issued by the White House on the matter specifies that the National Guard has been deployed to "temporarily protect ICE and other United States government personnel who are performing federal functions, including the enforcement of federal law, and to protect federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations." This means that National Guard troops will not be permitted to aid local law enforcement—they will be used to protect and provide logistic support to federal ICE agents. "There's nothing these troops will be allowed to do that, for example, the ICE officers against whom these protests have been directed could not do themselves," Steve Vladeck, a professor at the Georgetown University Law Center who specializes in military justice and national security law, wrote in a blog post. "There is the obvious concern that, even as they are doing nothing more than 'protecting' ICE officers discharging federal functions, these federalized troops will end up using force—in response to real or imagined violence or threats of violence against those officers. In other words, there's the very real possibility that having federal troops on the ground will only raise the risk of escalating violence—not decrease it." What People Are Saying A White House memo reads: "Numerous incidents of violence and disorder have recently occurred and threaten to continue in response to the enforcement of federal law by U.S. Immigration and Customs Enforcement (ICE) and other United States government personnel who are performing federal functions and supporting the faithful execution of federal immigration laws. In addition, violent protests threaten the security of and significant damage to federal immigration detention facilities and other federal property." Border czar Tom Homan on Fox News: "We're already mobilizing. We're gonna bring the National Guard in tonight and we're gonna continue doing our job. This is about enforcing the law." He continued: "American people, this is about enforcing the law, and again, we're not going to apologize for doing it." California Governor Gavin Newsom on X, formerly Twitter, following the National Guard announcement: "The federal government is moving to take over the California National Guard and deploy 2,000 soldiers. That move is purposefully inflammatory and will only escalate tensions. L.A. authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need." Hina Shamsi, director of the ACLU's National Security Project: "By taking this action, the Trump administration is putting Angelenos in danger, creating legal and ethical jeopardy for troops, and recklessly undermining our foundational democratic principle that the military should not police civilians." Newsom's office also told Newsweek on Friday: "Continued chaotic federal sweeps, across California, to meet an arbitrary arrest quota are as reckless as they are cruel. Donald Trump's chaos is eroding trust, tearing families apart, and undermining the workers and industries that power America's economy." Erwin Chemerinsky, dean of the UC Berkeley School of Law, told the Los Angeles Times: "It is using the military domestically to stop dissent. It certainly sends a message as to how this administration is going to respond to protests. It is very frightening to see this done." What Happens Next After Trump announced he was deploying National Guard troops on Saturday, Defense Secretary Pete Hegseth said other measures could follow. Hegseth wrote on X that active duty Marines at Camp Pendleton, south of Los Angeles, were on "high alert" and could also be mobilized "if violence continues."

It's the economy, estúpido: New Jersey governor's race tests Democrats' efforts to win back Latinos
It's the economy, estúpido: New Jersey governor's race tests Democrats' efforts to win back Latinos

Hamilton Spectator

time20 minutes ago

  • Hamilton Spectator

It's the economy, estúpido: New Jersey governor's race tests Democrats' efforts to win back Latinos

NEWARK, N.J. (AP) — A congresswoman and former U.S. Navy helicopter pilot secured the endorsement of the highest-ranking Hispanic official in her state. A mayor highlighted his arrest by immigration officials. A congressman campaigned at a Latino supermarket. And another mayor decided to put his self-taught Spanish to use on the trail. The New Jersey gubernatorial primary has emerged as a crucial test for Democrats seeking to regain Latino support nationally. It highlights the challenges in traditionally blue areas where the party's loss of support among Hispanics in 2024 was even more pronounced than in battleground states. President Donald Trump slashed Democratic margins in New Jersey and New York, even flipping some heavily Latino towns he had lost by 30 and 50 percentage points in 2016. The Democratic primary for governor features an experienced field of current and former officeholders: U.S. Reps. Josh Gottheimer and Mikie Sherrill , Jersey City Mayor Steven Fulop , Newark Mayor Ras Baraka , New Jersey Education Association president and former Montclair Mayor Sean Spiller and former state Senate President Steve Sweeney . Although Trump made closing U.S. borders a central promise of his campaign, his economic message hit home with Latinos. More Hispanics saw inflation as the most important concern last fall than white voters, AP VoteCast showed. That lesson has been taken to heart in this year's campaign, with strategists, unions, organizers and politicians pivoting away from immigration and putting pocketbook concerns at the forefront of their appeals. 'At the end of the day, if you're worried about paying your bills and being safe at night, everything else is secondary,' Rep. Gottheimer said in an interview. 'I think that is front and center in the Latino community.' Warning signs for Democrats Laura Matos, a Democratic National Committee member from New Jersey and board member of Latina Civic Action, said the party is still finding its way with Hispanic voters, warning that support can't be taken for granted even when Democrats win most of it. While there was a big rightward swing among Hispanics in Texas and Florida in 2024, it was similarly pronounced in blue states like New Jersey and New York. Here, 43% of Latino voters supported Trump, up from 28% in 2020. In New York, 36% of Latino voters supported Trump, up from 25% in 2020, according to AP VoteCast. Understanding that all Latino voters don't think or vote alike helps. Compared to the 2020 election, Trump gained significantly with Dominican voters, where he went from 31% to 43% of support. Of the 2 million Latinos in New Jersey, more than 375,000 are Dominican, making up the second largest Hispanic group in New Jersey, after Puerto Ricans, a group where Trump also increased his support from 31% to 39%, the survey showed. But sometimes candidates overthink such targeted appeals. 'The November election results in parts of New Jersey should serve as a big warning sign that Democrats need to think about how they're communicating with some of these voters,' Matos said. Sherrill's campaign manager acknowledged in a memo to supporters last month that 'there is a real risk of a Republican winning in November.' New Jersey tilts Democratic in presidential and Senate elections, but Republicans have won the governorship in recent decades. Focusing on the economy Strategists, organizers, union leaders and some candidates agree that what they are hearing from Latinos is consistent with the concerns of other working class voters. Ana Maria Hill, of Colombian and Mexican descent, is the New Jersey state director of the Service Employees International Union Local 32BJ, where half of the members are Hispanic. Hill says raising the minimum wage and imposing new regulations to cap rent increases are popular among those she has been calling to support Newark Mayor Baraka. She says Democrats lost ground by not acknowledging real-world struggles that hit Latinos hard after inflation spiked following the pandemic. 'I think where we lost voters last year was when workers asked 'What's going on with the economy?' We said 'the economy is great.' And it could be true, but it's also true that eggs cost $10, right? It's also true that a gallon of milk costs $6.' Taking that lesson to heart, Gottheimer held a press conference at a Latino supermarket in Elizabeth, a vibrant Latino hub south of Newark, against a backdrop of bottles of a corn oil used in many Hispanic kitchens. Sherrill headed to a Colombian restaurant, also in Elizabeth, on Saturday for a 'Get Out the Vote' rally. One of her advisers, Patricia Campos-Medina, a labor activist who ran for the U.S. Senate last year, said candidates who visit Latino businesses and talk about the economic challenges the way Sherrill has done show they get it. 'She has a message that covers a lot of big issues. But when it comes to Latinos, we've been focusing on the economy, affordable housing, transportation, and small business growth,' Campos-Medina said. When state Senate Majority Leader M. Teresa Ruiz, the state's highest-ranking Hispanic official, endorsed Sherrill last week, she cited her advocacy for affordable child care directly, for instance. A candidate's arrest Trump's four months in office have been defined by his aggressive crackdown on illegal immigration. That gave Baraka a chance to seize the spotlight on a non-economic issue as an advocate for immigrant residents in Newark. He was arrested while trying to join an oversight tour of a 1,000-bed immigrant detention center. A trespass charge was later dropped, but he sued interim U.S. Attorney Alina Habba over the dropped prosecution last week. 'I think all this stuff is designed to be a distraction,' he said recently. 'But I also think that us not responding is consent. Our silence is consent. If we continue to allow these people to do these things and get away with it, right, they will continue to do them over and over and over again.' In one of his final campaign ads in Spanish, he used footage from the arrest and the demonstrations to cast himself as a reluctant warrior, with text over the images saying he is 'El Único,' Spanish for 'the only one,' who confronts Trump. Confident Republicans Former state assemblyman Jack Ciattarelli is making his third bid for governor, and Trump's backing may help. But Chris Russell, a Ciattarelli campaign consult, said Democrats' habit of misreading of Latino voters might matter more. 'Democrats believe the key to winning these folks over is identity politics.' He added: 'They're missing the boat.' Ciattarelli faces four challengers for the GOP nomination in Tuesday's primary. During a telephone rally for Ciattarelli las week, Trump called New Jersey a 'high-tax, high-crime sanctuary state,' accusing local officials of not cooperating with federal immigration authorities. But Jersey City Mayor Steven Fulop, another contender for the Democratic nomination, said he is not entirely convinced the Democratic party will keep losing support in New Jersey. He thinks the gubernatorial race will be a referendum on current Gov. Phil Murphy. Immigration and the economy may enter some Hispanic voters' thinking, but how that plays out is anybody's guess. 'The Latino community is two things in New Jersey. It is growing significantly, and it is a jump ball. There's nobody that has an absolute inside track.' —- Gomez Licon reported from Fort Lauderdale, Fla. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .

It's the economy, estúpido: New Jersey governor's race tests Democrats' efforts to win back Latinos
It's the economy, estúpido: New Jersey governor's race tests Democrats' efforts to win back Latinos

San Francisco Chronicle​

time26 minutes ago

  • San Francisco Chronicle​

It's the economy, estúpido: New Jersey governor's race tests Democrats' efforts to win back Latinos

NEWARK, N.J. (AP) — A congresswoman and former U.S. Navy helicopter pilot secured the endorsement of the highest-ranking Hispanic official in her state. A mayor highlighted his arrest by immigration officials. A congressman campaigned at a Latino supermarket. And another mayor decided to put his self-taught Spanish to use on the trail. The New Jersey gubernatorial primary has emerged as a crucial test for Democrats seeking to regain Latino support nationally. It highlights the challenges in traditionally blue areas where the party's loss of support among Hispanics in 2024 was even more pronounced than in battleground states. President Donald Trump slashed Democratic margins in New Jersey and New York, even flipping some heavily Latino towns he had lost by 30 and 50 percentage points in 2016. The Democratic primary for governor features an experienced field of current and former officeholders: U.S. Reps. Josh Gottheimer and Mikie Sherrill, Jersey City Mayor Steven Fulop, Newark Mayor Ras Baraka, New Jersey Education Association president and former Montclair Mayor Sean Spiller and former state Senate President Steve Sweeney. Although Trump made closing U.S. borders a central promise of his campaign, his economic message hit home with Latinos. More Hispanics saw inflation as the most important concern last fall than white voters, AP VoteCast showed. That lesson has been taken to heart in this year's campaign, with strategists, unions, organizers and politicians pivoting away from immigration and putting pocketbook concerns at the forefront of their appeals. 'At the end of the day, if you're worried about paying your bills and being safe at night, everything else is secondary,' Rep. Gottheimer said in an interview. 'I think that is front and center in the Latino community.' Warning signs for Democrats Laura Matos, a Democratic National Committee member from New Jersey and board member of Latina Civic Action, said the party is still finding its way with Hispanic voters, warning that support can't be taken for granted even when Democrats win most of it. While there was a big rightward swing among Hispanics in Texas and Florida in 2024, it was similarly pronounced in blue states like New Jersey and New York. Here, 43% of Latino voters supported Trump, up from 28% in 2020. In New York, 36% of Latino voters supported Trump, up from 25% in 2020, according to AP VoteCast. Understanding that all Latino voters don't think or vote alike helps. Compared to the 2020 election, Trump gained significantly with Dominican voters, where he went from 31% to 43% of support. Of the 2 million Latinos in New Jersey, more than 375,000 are Dominican, making up the second largest Hispanic group in New Jersey, after Puerto Ricans, a group where Trump also increased his support from 31% to 39%, the survey showed. But sometimes candidates overthink such targeted appeals. 'The November election results in parts of New Jersey should serve as a big warning sign that Democrats need to think about how they're communicating with some of these voters,' Matos said. Sherrill's campaign manager acknowledged in a memo to supporters last month that 'there is a real risk of a Republican winning in November." New Jersey tilts Democratic in presidential and Senate elections, but Republicans have won the governorship in recent decades. Focusing on the economy Strategists, organizers, union leaders and some candidates agree that what they are hearing from Latinos is consistent with the concerns of other working class voters. Ana Maria Hill, of Colombian and Mexican descent, is the New Jersey state director of the Service Employees International Union Local 32BJ, where half of the members are Hispanic. Hill says raising the minimum wage and imposing new regulations to cap rent increases are popular among those she has been calling to support Newark Mayor Baraka. She says Democrats lost ground by not acknowledging real-world struggles that hit Latinos hard after inflation spiked following the pandemic. 'I think where we lost voters last year was when workers asked 'What's going on with the economy?' We said 'the economy is great.' And it could be true, but it's also true that eggs cost $10, right? It's also true that a gallon of milk costs $6.' Taking that lesson to heart, Gottheimer held a press conference at a Latino supermarket in Elizabeth, a vibrant Latino hub south of Newark, against a backdrop of bottles of a corn oil used in many Hispanic kitchens. Sherrill headed to a Colombian restaurant, also in Elizabeth, on Saturday for a 'Get Out the Vote' rally. One of her advisers, Patricia Campos-Medina, a labor activist who ran for the U.S. Senate last year, said candidates who visit Latino businesses and talk about the economic challenges the way Sherrill has done show they get it. 'She has a message that covers a lot of big issues. But when it comes to Latinos, we've been focusing on the economy, affordable housing, transportation, and small business growth,' Campos-Medina said. When state Senate Majority Leader M. Teresa Ruiz, the state's highest-ranking Hispanic official, endorsed Sherrill last week, she cited her advocacy for affordable child care directly, for instance. A candidate's arrest Trump's four months in office have been defined by his aggressive crackdown on illegal immigration. That gave Baraka a chance to seize the spotlight on a non-economic issue as an advocate for immigrant residents in Newark. He was arrested while trying to join an oversight tour of a 1,000-bed immigrant detention center. A trespass charge was later dropped, but he sued interim U.S. Attorney Alina Habba over the dropped prosecution last week. 'I think all this stuff is designed to be a distraction,' he said recently. 'But I also think that us not responding is consent. Our silence is consent. If we continue to allow these people to do these things and get away with it, right, they will continue to do them over and over and over again.' In one of his final campaign ads in Spanish, he used footage from the arrest and the demonstrations to cast himself as a reluctant warrior, with text over the images saying he is 'El Único,' Spanish for 'the only one,' who confronts Trump. Confident Republicans Former state assemblyman Jack Ciattarelli is making his third bid for governor, and Trump's backing may help. But Chris Russell, a Ciattarelli campaign consult, said Democrats' habit of misreading of Latino voters might matter more. 'Democrats believe the key to winning these folks over is identity politics.' He added: 'They're missing the boat.' Ciattarelli faces four challengers for the GOP nomination in Tuesday's primary. During a telephone rally for Ciattarelli las week, Trump called New Jersey a 'high-tax, high-crime sanctuary state," accusing local officials of not cooperating with federal immigration authorities. But Jersey City Mayor Steven Fulop, another contender for the Democratic nomination, said he is not entirely convinced the Democratic party will keep losing support in New Jersey. He thinks the gubernatorial race will be a referendum on current Gov. Phil Murphy. Immigration and the economy may enter some Hispanic voters' thinking, but how that plays out is anybody's guess. 'The Latino community is two things in New Jersey. It is growing significantly, and it is a jump ball. There's nobody that has an absolute inside track.' —-

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