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A federal court prevented the government of Donald Trump from transferring three Venezuelan immigrants detained in New Mexico to the Naval Base at Guantanamo Bay in Cuba.
The court blocked the transfer due to the arguments presented by their attorneys, who indicated that their clients were being detained based on unfounded accusations of being linked to the criminal gang Tren de Aragua.
Additionally, the lawyers' request emphasized that the government's lack of clarity regarding detainees' access to legal counsel and due process justified the issuance of a temporary restraining order.
The lawyers of the detainees argued that their clients "fit the profile of those whom the government prioritizes for detention in Guantánamo, namely, Venezuelan men detained in the El Paso area based on (false) accusations of being linked to the Tren de Aragua gang."
In their petition, they requested that the Federal District Court in New Mexico issue a temporary restraining order to prevent the transfer.
They emphasized that "the mere uncertainty that the government has created regarding the availability of legal processes and access to counsel is sufficient to authorize the modest judicial mandate”, according to the agency The Associated Press.
During a brief hearing, Judge Kenneth J. Gonzales granted the temporary order, despite the government's opposition, according to Jessica Vosburgh, attorney for the three men.
"It is short-term. This will be reviewed and detailed further in the coming weeks," Vosburgh stated to the cited outlet.
The lawsuit was filed on behalf of the immigrants by the Center for Constitutional Rights, the American Civil Liberties Union of New Mexico, and the Las Américas Immigrant Advocacy Center.
So far, there has been no response from the Immigration and Customs Enforcement (ICE).
Context and background
The band Tren de Aragua, mentioned in the accusations against the immigrants, emerged over a decade ago in a prison in the Venezuelan state of Aragua.
In recent years, it has expanded to other regions as millions of Venezuelans have fled the country, emigrating to Latin America and the United States.
The Secretary of National Security, Kristi Noem, reported last week that at least two flights with detained individuals had already landed in Guantánamo.
The American Civil Liberties Union attempts to access detainees at Guantanamo
The American Civil Liberties Union (ACLU) demanded on Friday access to immigrants transferred by the U.S. military to Guantanamo Bay, Cuba, criticizing the lack of information from the Donald Trump administration and highlighting potential violations of U.S. and international laws in the detentions.
The ACLU, along with 14 other human rights advocacy groups, sent a letter to the Secretary of Homeland Security, Kristi Noem, the Secretary of Defense, Pete Hegseth, and the Secretary of State, Marco Rubio.
In the letter, they demanded immediate access to nearly two dozen immigrants transferred to the base this week, including the ability to make free and unmonitored phone calls, as well as in-person visits.
According to the signatory groups, U.S. law stipulates that the detention of immigrants cannot be punitive or obstruct access to a lawyer.
In the letter, they warned that "the government cannot attempt to subvert the legal and constitutional rights granted to these non-citizens in the United States by transferring them to a prison abroad and keeping them incommunicado without access to a lawyer or any means of contact with the outside world."
The lack of transparency regarding the status of those detained and the conditions in Guantánamo has raised concerns among civil rights organizations, which demand answers and guarantees of due process for the affected immigrants.
For her part, White House Press Secretary Karoline Leavitt revealed on Wednesday that since Trump's inauguration on January 20, more than 8,000 people have been arrested in immigration operations.
Trump has reiterated his commitment to deport millions of undocumented immigrants, estimated to be around 11.7 million in the country.
Frequently Asked Questions About the Detention of Venezuelan Immigrants in Guantánamo
Why did a court prevent the transfer of Venezuelan immigrants to Guantánamo?
The federal court blocked the transfer because the immigrants' lawyers argued that the accusations were unfounded and that access to legal counsel and due process was not guaranteed.
Who is considered for transfer to Guantanamo?
The immigrants classified as high-risk or accused of serious crimes, such as gang members, are the ones being transferred to Guantanamo according to the Trump administration.
What criticisms has the policy of relocating immigrants to Guantánamo received?
Various human rights organizations have criticized the measure for being a violation of human rights and for the lack of transparency in the process of detention and access to justice for immigrants.
What is the current situation of ICE detention centers in the U.S.?
ICE detention centers are exceeding their maximum capacity, which has led to the release of some migrants under monitoring programs due to a lack of space to hold them until their deportation.
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