上周,路易斯·爱德华多·佩雷斯·帕拉、莱昂内尔·里瓦斯·冈萨雷斯和阿布拉汉·若苏·巴里奥斯的未来看起来一片光明。
在被移民拘留一年多并面临被转移到关塔那摩湾的可能性后,这三个人要求联邦法院干预,警告说他们可能已经“消失在关塔那摩的法律黑洞中”。
上周日,新墨西哥州的一名联邦法官做出了一项令人惊讶的裁决,阻止特朗普政府将这些人送往关塔那摩——这是自该政策上月颁布以来首次成功的法律挑战。
但是他们的胜利是短暂的。
据他们的律师杰西卡·沃斯伯格(Jessica Vosburgh)说,就在第二天,这些人被送上了一年多来首次被驱逐回委内瑞拉的航班。
“很难想象这与他们提交人身保护令申请,然后站出来挑战这些威胁关塔那摩转移无关,”沃斯伯格告诉美国广播公司新闻。“法院的命令只适用于转移到关塔那摩,这只是对第二天被驱逐出境的一记耳光。”
虽然沃斯伯格没有称这次驱逐是报复性的,但她说她很难理解是什么导致了这次突然的驱逐。
“成千上万的其他秩序井然的委内瑞拉人被拘留在美国在等待遣返的过程中,很难想象如果请愿人没有提起人身保护令诉讼,并勇敢地挑战行政部门应受谴责且在法律上不受支持的决定,开始将被拘留的移民运送到臭名昭著的关塔那摩军事监狱,并将他们单独关押在那里,他们会被优先考虑这些第一批驱逐出境航班,”沃斯伯格在一份自愿驳回此案的法庭文件中说。
沃斯伯格还呼吁特朗普政府指控她的客户——其中两人没有犯罪记录,一人被指控犯有非暴力罪行——是臭名昭著的Tren de Aragua团伙的成员,这可能会造成严重伤害,因为他们现在回到了委内瑞拉,总统尼古拉斯·马杜罗(Nicolás Maduro)将该团伙与他的政治反对派联系在一起。
沃斯伯格写道:“从特朗普的竞选活动开始,受访者鲁莽地将这两名请愿者贴上帮派成员的标签,这是一种令人不安的模式的一部分,这种模式将来到这个国家寻求保护和更好生活的移民作为替罪羊,并将他们定罪。这也是特朗普总统及其政府和支持者推动的一种趋势的一部分,即把所有委内瑞拉移民男子描绘成危险的帮派成员,他们应该消失在关塔那摩的法律黑洞中。"
沃斯伯格指出,她的客户已经安全到家,并与家人团聚,但长达一年的监禁留下的伤疤仍然存在。
根据沃斯伯格的说法,每个人都忍受着“令人沮丧的条件”,这导致他们遭受抑郁和自杀的想法。文件显示,其中一名男子上个月试图自残后被送入精神病院。
“请愿者与他们在美国的亲人毫无必要地分离了好几个月——包括里瓦斯·冈萨雷斯先生的小女儿,他无法将她抱在怀里半辈子。他们的分离现在可能是永久性的。这是非常令人遗憾的,也是对正义的侮辱,请愿者不得不遭受这么多,这么长时间,”文件中说。
3 migrants beat the Trump administration in court. They got deported the next day
The future looked bright for Luis Eduardo Perez Parra, Leonel Rivas Gonzalez and Abrahan Josue Barrios last week.
After being held in immigration custody for over a year and facing the possibility of transfer to Guantánamo Bay, the three men asked a federal court to intervene, warning they might have “disappeared into the legal black hole” of Guantánamo.
Last Sunday, a federal judge in New Mexico handed down a surprise ruling blocking the Trump administration from sending the men to Guantánamo -- the first successful legal challenge to the policy since it was enacted last month.
But their victory was short-lived.
The very next day, the men were placed on the first deportation flight back to Venezuela in over a year, according to their lawyer Jessica Vosburgh.
“It's hard to imagine that it didn't have something to do with them filing a habeas petition and then stepping forward to challenge these threatened Guantanamo transfers,” Vosburgh told ABC News. “The court's order only applied to transfers to Guantánamo, this is just a slap in the face to get deported the next day.”
While Vosburgh stopped short of calling the deportations retaliatory, she said she struggles to see what else could have led to the sudden deportation.
“With thousands of other post-order Venezuelans detained in theUnited Statesawaiting removal, it is hard to imagine that petitioners would have been prioritized for these first deportation flights if they had not filed this habeas action, and courageously challenged the executive branch’s reprehensible and legally unsupportable decision to begin shipping detained migrants to the notorious military prison at Guantánamo and holding them there incommunicado,” Vosburgh argued in a court filing voluntarily dismissing the case.
Vosburgh also called out the Trump administration for alleging that her clients -- two of whom have no criminal records, and one who was accused of a non-violent offense -- were members of the infamous Tren de Aragua gang, which could cause severe harm now that they are back in Venezuela where President Nicolás Maduro has linked the gang to his political opposition.
“Respondents’ reckless labeling of these two Petitioners as gang-affiliated is part of a disturbing pattern, beginning on the Trump campaign trail, of scapegoating and criminalizing migrants who come to this country seeking protection and a better life,” Vosburgh wrote. “It is also part of a trend, fueled by President Trump and his administration and supporters, of painting all Venezuelan migrant men as dangerous gang members deserving of being disappeared into the legal black hole of Guantánamo.”
Vosburgh noted that her clients have safely made it to their homes and been reunited with their families, but the scars of their year-long incarceration remain.
According to Vosburgh, each man endured “dismal conditions” that led them to suffer depression and suicidal ideation. One of the men was admitted into a psychiatric facility last month after he tried to hurt himself, according to the filing.
“Petitioners were needlessly separated for many months from their loved ones in the United States—including Mr. Rivas Gonzalez’s young daughter, who he has not been able to hold in his arms for half of her life. Their separation may now be permanent. It is deeply regrettable and an affront to justice that Petitioners had to suffer so much and for so long,” the filing said.