The Department of Homeland Security (DHS) commented Tuesday following a request filed Monday by the Department of Justice (DOJ) with the Supreme Court of the United States (SCOTUS) to terminate a temporary injunction on deportations under the Alien Enemies Act (AEA). The injunction currently prevents the removal of certain individuals detained in the Northern District of Texas.
DHS is asserting that the continued detention of members of Tren de Aragua (TdA), a designated foreign terrorist organization, in Immigration and Customs Enforcement (ICE) facilities presents significant dangers to ICE officers, facility staff, and other detainees. The department is urging the Supreme Court to act swiftly to allow ICE to remove these individuals from the country.
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Assistant Secretary Tricia McLaughlin stated, “23 TdA members barricaded themselves in the Bluebonnet Detention Facility, threatened to take hostages, and endangered officers. Keeping these foreign terrorists in ICE facilities poses a serious threat to ICE officers, staff, and other detainees.” She further added, “The media repeated these TdA gang members’ false sob stories, but the truth is these are members of a foreign terrorist organization that rape, maim, and murder for sport.”
According to ICE Dallas Acting Field Office Director Joshua Johnson, an incident occurred on April 26 at the Bluebonnet Detention Facility where 23 TdA members barricaded the doors of their housing unit using bed cots.
These detainees also reportedly covered surveillance cameras and blocked the housing unit windows. Johnson’s statement detailed that the individuals threatened to take hostages and injure facility staff and ICE officers, and also attempted to flood the housing unit by clogging toilets. He noted that the TdA detainees did not comply with orders to dismantle the barricades and remained barricaded for several hours.
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The DOJ’s request to the Supreme Court is part of the case A.A.R.P., ET AL., APPLICANTS v. DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., case number No. 24A1007. A supplemental memorandum filed by Solicitor General D. John Sauer outlines the government’s arguments for ending the injunction.
The memorandum highlights intervening developments, including a ruling by the district court on Friday, May 9, denying the applicants’ motion for class certification. The district court opinion stated that the applicants brought “many independent claims driven by individual circumstances” and thus did not meet the requirements for class certification. The DOJ argues that this denial confirms that classwide relief is inappropriate and that the putative class members are not proper parties entitled to relief.
Furthermore, the DOJ memorandum details the incident at the Bluebonnet Detention Facility as evidence of the dangers posed by the prolonged detention of these individuals.
It also raises concerns about the potential for prison recruitment and the expansion of TdA gang activities within the United States if these members are transferred to other facilities. The Secretary of State has previously designated TdA as a threat to national security, citing their involvement in kidnappings, extortion, bribery, and violence.
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DHS is requesting that the Supreme Court lift its administrative injunction and deny further relief, arguing that the putative class members are not proper parties and have received adequate notice and opportunity to pursue habeas petitions.
At a minimum, the government asks the Court to modify the injunction to permit the removal of any aliens eligible for removal under non-AEA immigration authorities, as the applicants have reportedly conceded the government should be able to do.
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