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 piece 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 the United States awaiting 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.
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