The Trump administration is moving to deport Asian nationals, including Cambodians, Filipinos, and Vietnamese, to Libya, a new legal complaint filed in a Massachusetts federal district court alleged.
The migrants have no ties to the country, which is notorious for human rights abuses, and detainees who refuse to sign the paperwork authorizing it are being thrown in solitary confinement, the lawsuit alleges.
It's the latest in a long string of allegations in court that the Trump administration is bypassing due process for huge groups of people officials summarily deem to be in the country illegally, and at times ignoring federal judges' orders to stop.
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"This motion should not even be required as it blatantly defies this Court’s preliminary injunctions to remove class members without proper notice, a reasonable fear screening, and a 15-day opportunity to submit a motion to reopen after any negative reasonable fear determination," wrote the motion for a temporary restraining order. "However, multiple credible sources report that flight/s are preparing to immediately depart the United States carrying class members for removal to Libya."
"This motion follows class counsel receiving multiple reports that class members and their immigration counsel have not received the required protections provided by this Court’s Preliminary Injunction," the complaint continued. "Specifically, they have not been provided, (1) notice of third country removal in their own language, (2) notice of the opportunity to request and obtain a reasonable fear screening, (3) notification of the results of any reasonable fear screening, and (4) a fifteen-day window in which to file a motion to reopen with the immigration court if there is negative reasonable fear determination."
Worse still, the motion alleged, Immigration and Customs Enforcement officers are throwing detainees in the hole if they don't fill out the paperwork agreeing to be removed to Libya.
"The reports with respect to the imminent removal to Libya show, inter alia, Philippine, Vietnamese and Laotian class members being set for removal without any reasonable fear screening, let alone a fifteen-day window to file a motion to reopen with the immigration court to contest any negative reasonable fear determination," said the motion. "In one reported case, '[U.S.
Immigration and Customs Officers (ICE)] officers at the South Texas Detention Facility gathered 1 Vietnamese detainee, along with 5 others (including 1 from Laos) into a room and told them that they needed to sign a document agreeing to be deported to Libya. When they all refused, they were each put in a separate room and cuffed in (basically, solitary) in order to get them to sign it.'"
Shortly after this motion was filed, noted American Immigration Council attorney Aaron Reichlin-Melnick, District Judge Brian Murphy "issued an order telling ICE that any efforts to deport non-Libyans to Libya without giving them an opportunity to object and raise a fear of torture 'would clearly violate this Court’s Order.' He’s putting ICE on notice that it would be illegal."
