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At least 3 immigrants from NYC believed deported to El Salvador, lawyers say
By
Arya Sundaram
Published Mar 20, 2025
Modified Mar 20, 2025
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Photo by El Salvador Presidency / Handout/Anadolu via Getty Images
By
Arya Sundaram
Published Mar 20, 2025
Modified Mar 20, 2025
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Court affidavits say at least three men from New York City are suspected to be among a group of immigrants deported to El Salvador by the Trump administration last week, a case that has touched off what some legal experts are calling a constitutional crisis.
The men's attorneys filed court affidavits saying they have been unable to contact their clients, who the U.S. Immigration and Customs Enforcement's online lookup tool shows are no longer in the agency's custody. In the affidavits, which were filed on Wednesday in U.S. District Court for Washington, D.C., the lawyers said ICE falsely labeled their clients as gang members.
Attorneys for three other men from New York City, in separate filings, said their clients were pulled off of government planes that were headed to El Salvador over the weekend and are being held in detention facilities in Texas. Those men are plaintiffs in a federal court case challenging the deportations.
A federal judge on Saturday night issued orders temporarily blocking the deportations, but the Trump administration still sent more than 200 immigrants to El Salvador, where they are being held in government jails.
The case has spurred what some legal experts are calling a constitutional crisis, amid allegations the administration flatly ignored orders by U.S. District Judge James Boasberg blocking the removals and directing the the flights carrying the detainees to return to the U.S.
The Trump administration deported the men — without court hearings in their immigration cases or the opportunity to contest their deportations — under a controversial and rarely invoked law, the Alien Enemies Act, enacted in 1798.
The president invoked the law contending the men were members of the Venezuelan gang Tren de Aragua, which he claimed was mounting an invasion of the United States.
Trump has called for Boasberg's impeachment, spurring a rare rebuke by Supreme Court Chief Justice John Roberts, who said impeachment isn't the appropriate response for disagreement over a judicial decision.
The three men suspected to have been deported had pending asylum claims and future immigration court dates, and had not received final removal orders from a judge, according to the affidavits from attorneys.
Austin Thierry of the Bronx Defenders represents a man identified by the initials E.V. Another attorney, Katherine Kim, also of the Bronx Defenders, represents a man identified by the initials L.G. Neither Thierry nor Kim responded to requests for comment on Thursday, and a spokesperson for Bronx Defenders declined comment.
Kim in the court filing also referenced another man, with the initials R.B., who was suspected of having been deported over the weekend.
A family member of R.B. recognized him in a photo in El Salvador, according to Kim's affidavit. It says the family member believes the government falsely accused R.B. of being a Tren de Aragua member based on his tattoo of a flower. Kim's affidavit also cites the family member saying R.B. had no criminal record.
ICE also cited E.V.’s tattoos as evidence of his gang membership, which E.V. denies, according to Kim’s affidavit. He has tattoos of anime, flowers, animals and a crown as a tribute to his grandmother, with her date of death as the base of the crown, according to the affidavit.
L.G. hasn’t been arrested or convicted in the United States, according to Kim’s affidavit. E.V. was arrested once — for an unspecified charge — which resulted in no criminal consequences, and he was conditionally discharged, with no jail or prison time, for a year, according to the affidavit. He fled Venezuela in 2022 after he was imprisoned and tortured by the Venezuelan government for participating in an antigovernment protest.
Both L.G. and E.V. were last held at the El Valle Detention Center in Texas. ICE’s detainee lookup tool now shows that they are no longer in ICE custody, according to their attorneys' affidavits.
Tagged
new york
Race And Justice Unit
immigration
Arya Sundaram
Arya is a reporter covering race and justice. Got a tip? Email: [email protected] or reach Arya on Signal at 512-650-8767.
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