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The lawyers, representing at least one of the 17 alleged members of the Venezuelan band, who were deported on Sunday in the famous Salvador prison of Sekot, say the men were sent there two days after a federal judge banned such deportations.
On Friday, Federal Judge blocks the Trump administration policy, allowing the deportation of migrants to countries other than theirs without giving them a chance to argue their removal in the immigration court – although it is not clear whether those deported on Sunday would be protected by the order.
In its decision on Friday, US District Judge Brian E. Murphy blocks the removal of any individual who is subject to a final order to remove from the United States in a third country, different from the country designated in immigration proceedings, unless they are given a written notice and the ability to “apply for protection.”
The decision was issued two days before the Trump administration sent 17 alleged members of the Venezuelan band Tren de Aragua to Salvador prison in Sekot.
Among the 17 alleged gang members sent to Salvador was Mike Espinosis Escalona, which was detained at the Guantanamo US prison camp after being deported from the United States
Lee Gellern, ACLu’s lawyer, told ABC News that he had serious concerns about what he called the “sudden accusations of the government” against the escaralona who accelerated the escarall to be sent to Cecot.
“He and others sent to Salvadoran’s prison must be given a proper process to test the government’s claims,” Gelern said.
Police officers in Salvadoran Escort say members of the Venezuelan band Tren de Aragua recently deported by the US government to be imprisoned in prison for terrorism in San Luis Talpa, El Salvador, March 16, 2025.
Presidency’s press secretary through Reuters
A White House employee told the ABC News that the 17 alleged band members who were deported to Salvador have not been deported under the Law on Alien enemies, which was used to send more than 200 alleged members of the band in Salvador last month, but under different authorities, including Title 8.
The announcement of the “Operation for Combating Terrorism” by Secretary of State Marco Rubio is not mentioned of the body that the administration uses to deport 17 persons.
“DHS’s routine failure to provide a meaningful notice and opportunity to submit a request based on a third -party deportation before deportation has led to hundreds of illegal deportations, putting persons at a serious risk of persecution, torture and/or death,” lawyers said last week’s detainees.
The Escalon, who entered the United States on May 14 and asked for asylum, filed a sworn declaration in early March, in which he stated that he was not a member of the gang and asked the government not to send him to Guantanamo.
“I believe I am at risk of being transferred because I have a final order for deportation and I am from Venezuela,” Escalona said in the sworn declaration. “I also believe that I will be transferred to Guantanamo because of my tattoos, although they have nothing to do with bands. I have twenty tattoos.”
Authorities said they were using tattoos to help identify band members. The esscalon, who in his declaration said he was in detaining immigration in El Paso, Texas, from May 22, lists his tattoos, which he said include a cross, crown, the ghost icon for the Snapchat application, the name of his niece, and the word “faith” in Spanish.
The exterior of the Center for Terrorism as Secretary of the Homeland Security, Christie Nova arrives in Tecoluka, El Salvador, March 26, 2025.
Alex Brandon/app
“I do not want to be transferred or detained to Guantanamo. I am afraid of what will happen to me when I get there,” Escalon said in the declaration. “I want access to a lawyer to help me get out of detention and find out what options I have in my immigration case.”
“If I am transferred to Guantanamo, I will be separated from my family,” he said.
The government opposed the Escalon’s request for a temporary restraining order prohibiting its deportation to Guantano, Gellern over ABC News.
“The government has opposed our request for TRA on the grounds that it is not in direct danger of being sent from the United States to Guantanamo, but told the court that it would alert it within 2 working days if he or other plaintiffs were transferred to Guantanamo,” Gellerrt said. “The government has apparently chosen to use a door and transfer it on Friday night, thus avoiding the notice to the court at that moment. He is obviously now transferred to the famous Salvadoran prison.”
According to the sworn declaration by Escalon and ACLU, his partner is currently detained in El Paso and his 2-year-old daughter is under the arrest of the Refugee Migration Office.
This story has been updated.
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