据美国公民自由联盟(ACLU)称，周日晚上被送往萨尔瓦多的最新一批委内瑞拉移民中，有一人在关塔那摩湾，并收到了最后的驱逐令。
Maiker Espinoza Escalona是上个月美国公民自由联盟对国土安全部提起的关塔那摩案件的主要原告。据美国公民自由联盟称，他的伴侣目前被拘留在得克萨斯州的一个拘留中心，他两岁的女儿被HHS拘留。
“政府反对我们对TRO的请求，理由是他没有被从美国送往关塔那摩的紧迫危险，但告诉法院，如果他或其他原告被转移到关塔那摩，他们将在2个工作日内提醒它，”美国公民自由联盟的律师李·格莱特告诉美国广播公司新闻。“政府显然选择利用一个漏洞，在星期五晚上将他转移，从而避免在这个时候通知法院。他现在显然已经被转移到臭名昭著的萨尔瓦多监狱。”
格勒恩特说，他对政府对埃斯卡洛纳的“突然指控”表示严重关切。“他和其他被送往萨尔瓦多监狱的人必须通过正当程序来检验政府的说法，”Gelernt补充说。
一名白宫官员告诉ABC新闻，昨晚被驱逐到萨尔瓦多的17名所谓的帮派成员不是根据《外国敌人法》被驱逐的，而是根据不同的当局，包括根据第8条当局被驱逐的。
尚不清楚包括埃斯卡洛纳在内的被驱逐出境的人是否会受到一名联邦法官上周五发布的临时限制令的保护，该限制令阻止将移民驱逐到自己国家以外的国家，而不给他们在移民法庭上就自己的驱逐进行辩论的机会。
在据称被送往关塔那摩之前的3月初提交的宣誓声明中，埃斯卡洛纳说，自2024年5月22日以来，他一直被关押在德克萨斯州埃尔帕索的移民拘留所。根据他的声明，他于5月14日进入该国并请求庇护。
埃斯卡洛纳在宣誓声明中说:“我相信我有被转移的风险，因为我有驱逐出境的最后命令，而且我来自委内瑞拉。”“我也相信，因为我的纹身，我将被转移到关塔那摩，尽管它们与帮派无关。我有二十个纹身。”
埃斯卡洛纳接着列出了他的纹身，包括十字架、皇冠、社交媒体应用Snapchat的幽灵图标、他侄女的名字和西班牙语单词“信仰”。
“我不想被转移或拘留在关塔那摩，”埃斯卡洛纳在3月初的申报文件中说。我害怕到了那里会发生什么。“我想要一名律师来帮助我摆脱拘留，并弄清楚在我的移民案件中我有什么选择。”
根据Escalona的宣誓声明和美国公民自由联盟，他的伴侣目前被拘留在埃尔帕索，他两岁的女儿由难民安置办公室监护。
“如果我被转移到关塔那摩，我将与家人分离，”埃斯卡洛纳说。
Venezuelan migrant recently deported to El Salvador had final order of removal
One of the Venezuelan migrants who is believed to be among the latest group sent to El Salvador on Sunday night was in Guantanamo Bay and had a final order of removal, according to the American Civil Liberties Union (ACLU).
Maiker Espinoza Escalona was the lead plaintiff in one of the Guantanamo cases brought by the ACLU against the Department of Homeland Security filed last month. His partner is currently detained in a detention center in Texas and his two-year-old daughter is in HHS custody, according to the ACLU.
"The government opposed our request for TRO on the ground that he was not in imminent danger of being sent from the U.S. to Guantanamo, but told the Court they would alert it within 2 business days if he or other Plaintiffs were transferred to Guantanamo," Lee Gelernt, an attorney for the ACLU told ABC News. "The government has apparently chosen to use a loophole and transfer him on a Friday night, thereby avoiding notice to the Court at this point. He has apparently now been transferred to the notorious Salvadoran prison."
Gelernt said he has serious concerns about the government's "sudden allegations" against Escalona. "He and others being sent to the Salvadoran prison must be given due process to test the government's assertions," Gelernt added.
A White House official tells ABC News that the 17 alleged gang members who were deported to El Salvador last night were not deported under the Alien Enemies Act but under different authorities, including under Title 8 authorities.
It's not clear whether the individuals including Escalona who were deported would have been protected by the Temporary Restraining Order issued by a federal judge on Friday that blocked the deportation of migrants to countries other than their own without giving them a chance to argue their removal in immigration court.
In a sworn declaration filed in early March before he was allegedly sent to Guantanamo, Escalona said he had been in immigration detention since May 22, 2024, in El Paso, Texas. He entered the country on May 14 and requested asylum, according to his declaration.
"I believe that I am at risk of being transferred because I have a final order of deportation and am from Venezuela," Escalona said in the sworn declaration. "I also believe that I am going to be transferred to Guantanamo because of my tattoos, even though they have nothing to do with gangs. I have twenty tattoos."
Escalona went on to list his tattoos he has that include a cross, a crown, the ghost icon for the social media app Snapchat, his niece's name and the word "Faith" in Spanish.
"I do not want to be transferred to or detained at Guantanamo," Escalona said in the declaration files in early March. I am afraid of what will happen to me when I get there. "I want access to an attorney to help me get out of detention and figure out what options I have in my immigration case."
According to Escalona's sworn declaration and the ACLU, his partner is currently detained in El Paso and his two-year-old daughter is under the custody of the Office of Refugee Resettlement.
"If I am transferred to Guantanamo, I will be separated from my family," Escalona said.
