A federal court has halted the Trump administration's plans to move three Venezuelan immigrants from New Mexico to the Guantanamo Bay Naval Base in Cuba. The decision came after their lawyers argued that the men were being unjustly detained based on unsubstantiated claims of links to the criminal group Tren de Aragua. The lawyers emphasized the government's lack of clarity regarding the detainees' access to legal counsel and due process, leading to a temporary restraining order.
The attorneys for the Venezuelans contended that their clients fit the profile of those prioritized for detention at Guantanamo—specifically, Venezuelan men apprehended in the El Paso area on what they claim are false charges of association with the Tren de Aragua gang. They requested the Federal District Court in New Mexico to issue a temporary restraining order to prevent the transfer.
They highlighted that “the mere uncertainty the government has created regarding legal proceedings and access to counsel is sufficient to authorize a modest judicial mandate,” as reported by The Associated Press. During a brief hearing, Judge Kenneth J. Gonzales granted the temporary order despite governmental opposition, according to Jessica Vosburgh, an attorney representing the men. Vosburgh mentioned, “This is temporary. It will be reviewed and discussed further in the coming weeks.”
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 Americas Immigrant Advocacy Center. As of now, there has been no response from the Immigration and Customs Enforcement (ICE).
Background on Tren de Aragua
The Tren de Aragua gang, cited in the accusations against the immigrants, originated over a decade ago in a prison in Venezuela's Aragua state. In recent years, it has expanded to other regions as millions of Venezuelans have fled their country, seeking refuge in other parts of Latin America and the United States. Last week, Secretary of Homeland Security Kristi Noem reported that at least two flights carrying detainees had already arrived at Guantanamo.
ACLU's Efforts to Access Guantanamo Detainees
The American Civil Liberties Union (ACLU) demanded on Friday that they be granted access to immigrants moved by the U.S. military to Guantanamo Bay, criticizing the Trump administration for a lack of transparency and potential violations of U.S. and international laws regarding these detentions. The ACLU, along with 14 other human rights organizations, sent a letter to Homeland Security Secretary Kristi Noem, Defense Secretary Pete Hegseth, and Secretary of State Marco Rubio.
In the letter, they called for immediate access to nearly two dozen immigrants transferred to the base this week, including the ability for them to make free, unmonitored phone calls and receive in-person visits. The signatories stressed that U.S. law mandates that immigrant detention should not be punitive or deny access to legal representation.
The letter warned that "the government cannot attempt to undermine the legal and constitutional rights granted to these non-citizens in the United States by transferring them to an overseas prison and keeping them incommunicado without access to a lawyer or any means of contact with the outside world."
The lack of transparency about the detainees' status and conditions at Guantanamo has raised concerns among civil rights organizations, which are demanding answers and assurances of due process for the affected immigrants. Meanwhile, White House Press Secretary Karoline Leavitt disclosed on Wednesday that, since Trump's inauguration on January 20, more than 8,000 individuals have been arrested in immigration raids. Trump has reiterated his commitment to deporting millions of undocumented immigrants, estimated to be around 11.7 million in the country.
Legal and Human Rights Concerns Regarding Immigrant Detention
Why did the court block the transfer of Venezuelan immigrants to Guantanamo?
The court issued a temporary restraining order due to concerns about the lack of due process and clarity regarding the detainees' access to legal counsel, as well as unsubstantiated allegations linking them to a criminal gang.
What is the Tren de Aragua?
Tren de Aragua is a criminal organization that originated in a Venezuelan prison and has expanded across the region as many Venezuelans have fled their country.
What actions has the ACLU taken regarding detainees at Guantanamo?
The ACLU, along with other human rights groups, has demanded access to immigrants detained at Guantanamo, criticizing the lack of transparency and potential legal violations by the U.S. government.