Login

Recent searches

No recent searches

Search options

Only available when logged in.
masto.ai is one of the many independent Mastodon servers you can use to participate in the fediverse.
A general Mastodon server for all languages.

Administered by:

Server stats:

2.2K
active users

masto.ai: AboutStatusProfiles directoryPrivacy policy

Mastodon: AboutGet the appKeyboard shortcutsView source codev4.3.4

Nonilex

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

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

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.
#law#immigration#Trump
Mar 24, 2025, 03:08 PM·Public·Mastodon for iOS
15boosts·22favorites
ExploreLive feeds
About