In The Supremes: TRO In Class Action, For People Snatched Away Without Due Process, And Sent To Notorious El Salvador Prison... The Plaintiffs Explain Their Case.

The plaintiffs are defending the nationwide TRO already entered in DC -- one that Tangerine/Noem has improperly taken up with the Supremes this week. TEMPORARY orders (i.e., TROs) cannot be appealed to the Supremes, as they are not "final" orders. Pretty simple.

And now even Noem is admitting that in several cases, including one infamous one out of Maryland, she let her goons grab US citizens without process, at all -- and it turns out they are not even Venezuelans, let alone gang members. She did so based on clothing and tattoos -- not any form of real police work. The government is going to end up paying tens of millions of dollars to these people wrongfully detained, and deported to brutal prisons -- even temporarily. That's... just disgusting. Here's the case, as stated by the plaintiffs to Chief Justice Roberts this very morning:

. . .The government has not satisfied its exceedingly high burden to warrant the extraordinary relief it seeks: vacating unappealable Temporary Restraining Orders ("TROs") that merely preserve the status quo while a pending preliminary injunction motion is decided on an expedited basis (with a hearing on April 8). The TRO does not order anyone's release, nor does it prevent the government from carrying out regular removals under the Immigration and Nationality Act ("INA").

Indeed, the government has apparently been removing individuals it contends are members of the Tren de Aragua gang, using regular immigration procedures, since the TRO went into effect. See Sec'y of State Marco Rubio, X (Mar: 31, 2025, 8:25 AM ET), https://perma.cc/CE6C-ZMDM. Under the circumstances, the court of appeals correctly concluded that the government will suffer no irreparable harm in the short term. In contrast, without the TRO, Plaintiffs will suffer extraordinary and irreparable harms -- being sent out of the United States to a notorious Salvadoran prison, where they will remain incommunicado, potentially for the rest of their lives, without having had any opportunity to contest their designation as gang members. See App. 27a-28a (Henderson, J., concurring) ("The Executive's burdens are comparatively modest compared to the plaintiffs'."); id. at 68a-70a (Millett, J., concurring) "the injury to the Plaintiffs is great and truly irreparable"); id. at 129a-130a (Boasberg, J.) (plaintiffs face "a high likelihood of suffering significant harm").

The government cannot explain why the equities are in its favor, particularly since it (now) concedes that individuals are entitled to contest their designation (which is all the district court has thus far held). It argues only that this case should have been brought in habeas, and disputes whether venue is proper in the District of Columbia. . . .

This is a dark time -- driven only by irrational, hateful fear on the part of Trump, Stephen Miller and Kristi Noem. What a pack of malign sociopaths. Onward, resolutely. The plaintiffs will win out here. Count on that. And we as taxpayers will foot the bill for these crooks in office -- to pay damages in compensation for their deprivation of Constitutional rights. Out.

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