In a bold move, four individuals facing deportation have initiated a nationwide class action lawsuit against the Department of Homeland Security (DHS) in Boston. This legal challenge contests the DHS’s practice of sending noncitizens to countries not previously mentioned during their immigration processes. Without any warning or the chance to contest their deportation based on a well-founded fear of persecution or torture, these individuals are at significant risk. Additionally, a secret directive from February 18, 2025, allowing for the re-detention of previously released individuals raises further concerns regarding their rights and safety.
DHS’s ongoing failure to provide proper notice or an opportunity for individuals to claim protection prior to deportation exacerbates the problem. Under pressure for mass deportations, incidents of re-detention and deportation have surged, often to countries unknown and dangerous to the individuals facing these actions. A leaked directive has prompted officers to re-detain individuals who were already granted protection and cannot be removed, thus subjecting many noncitizens to peril without due process.
The plaintiffs hail from Cuba, Honduras, Ecuador, and Guatemala, and aim to represent all similarly affected individuals. One plaintiff, O.C.G., having previously secured protection against deportation to Guatemala, was inexplicably sent to Mexico and now finds himself trapped in a cycle of fear and danger. His ordeal underscores the dire consequences of DHS’s actions.
This lawsuit not only demands national class certification but also seeks judicial ruling against DHS’s unlawful actions. Plaintiffs are calling for the agency to ensure procedural justice, allowing individuals to invoke fear-based claims before any deportation occurs.
Trina Realmuto, Executive Director of NILA, emphasised that due process is a fundamental principle that protects noncitizens from grave risks. Similarly, Matt Adams of NWIRP stressed the necessity for DHS to adhere to immigration court orders and allow individuals the right to contest their removal. Anwen Hughes from Human Rights First highlighted America’s legal and ethical obligation not to deport individuals to countries where they face threats.
The case criticises the systematic failures of DHS and advocates for a just process for all.
A recent class action lawsuit has been filed against DHS in Boston concerning unlawful deportations to countries not previously identified during immigration proceedings. The plaintiffs, four individuals from Latin America, argue that they are at risk of persecution and torture without the opportunity to contest their deportation. The case challenges DHS’s lack of notice and a secret directive permitting re-detention of previously released individuals, seeking justice for noncitizens.
The class action lawsuit against the DHS unveils critical concerns regarding unlawful deportations to unsafe countries without due notice. With plaintiffs advocating for better protection and procedural fairness, this case could potentially reshape the conversation around noncitizens’ rights. Amidst increasing pressure for mass deportations, ensuring adherence to legal protections becomes imperative to safeguarding vulnerable populations.
Original Source: humanrightsfirst.org
