Latest news with #FederalTortClaimsAct
Reuters
4 hours ago
- Politics
- Reuters
Deported Venezuelan imprisoned in El Salvador files formal complaint against US
WASHINGTON, July 24 (Reuters) - A Venezuelan man filed a formal complaint on Thursday against the U.S. government for sending him to El Salvador's most notorious prison, a new legal strategy that could be duplicated by others who have said they were falsely accused of gang membership by President Donald Trump's administration. Neiyerver Adrián Leon Rengel, 27, filed what it called an administrative complaint with the U.S. Department of Homeland Security, contending that federal employees wrongfully removed him from the United States without cause or due process. Rengel's complaint, which seeks $1.3 million in monetary damages, is not a lawsuit brought in a court but rather an action filed with the government alleging a violation of law. It is the first of its kind brought by one of the 252 Venezuelan men who were deported by the Trump administration to El Salvador in March. He invoked the Federal Tort Claims Act, a U.S. law that allows people to sue the U.S. government for wrongful acts committed by federal employees acting within the scope of their employment. Under that law, a complaint must be filed with the appropriate agency before a lawsuit can be brought. The government now has six months to investigate and respond to Rengel's complaint. If it denies his claim or fails to respond in that time period, Rengel could then sue in federal court. The Republican president, who campaigned in last year's election on a pledge of mass deportations, in March invoked a 1798 statute called the Alien Enemies Act as part of an effort to quickly deport alleged Venezuelan gang members to El Salvador. The law authorizes the president to deport, detain or place restrictions on individuals whose primary allegiance is to a foreign power and who might pose a national security risk in wartime. The U.S. government last invoked the Alien Enemies Act, which historically has been employed only during wartime, during World War Two to intern and deport people of Japanese, German and Italian descent. The Venezuelan deportees were held incommunicado in El Salvador's maximum security CECOT prison until they were returned to Venezuela last week as part of a prisoner swap between the United States and Venezuela. Family and friends of some of them said the deportees were not gang members and were wrongly accused based on tattoos, hand gestures and clothing. Venezuelan government officials and deportees have said they were tortured in prison. Rengel's lawyers said in the complaint that, because of his tattoos, DHS employees detained him in the parking lot of his apartment in Irving, Texas, and falsely accused him of membership in the Venezuelan Tren de Aragua gang. Department of Homeland Security spokesperson Tricia McLaughlin in a statement on Thursday reiterated the U.S. government's claim that Rengel was associated with Tren de Aragua and said he was "deemed a public safety threat." McLaughlin said Trump and Homeland Security Secretary Kristi Noem "will not allow foreign terrorist enemies to operate in our country and endanger Americans." Rengel alleged that, after moving him to a detention center, DHS employees lied to him, telling him he was being sent to Venezuela. "Instead, for more than four months, Rengel languished in El Salvador – which is not his country of origin and a place where he has no ties – where he suffered physical, verbal and psychological abuse," the complaint said.
The Star
4 hours ago
- Politics
- The Star
Deported Venezuelan imprisoned in El Salvador files formal complaint against US
FILE PHOTO: Venezuelan migrants who had been detained in El Salvador disembark from a plane at Simon Bolivar International Airport in Maiquetia, Venezuela, July 18, 2025. REUTERS/Leonardo Fernandez Viloria/File Photo WASHINGTON (Reuters) -A Venezuelan man filed a formal complaint on Thursday against the U.S. government for sending him to El Salvador's most notorious prison, a new legal strategy that could be duplicated by others who have said they were falsely accused of gang membership by President Donald Trump's administration. Neiyerver Adrián Leon Rengel, 27, filed what it called an administrative complaint with the U.S. Department of Homeland Security, contending that federal employees wrongfully removed him from the United States without cause or due process. Rengel's complaint, which seeks $1.3 million in monetary damages, is not a lawsuit brought in a court but rather an action filed with the government alleging a violation of law. It is the first of its kind brought by one of the 252 Venezuelan men who were deported by the Trump administration to El Salvador in March. He invoked the Federal Tort Claims Act, a U.S. law that allows people to sue the U.S. government for wrongful acts committed by federal employees acting within the scope of their employment. Under that law, a complaint must be filed with the appropriate agency before a lawsuit can be brought. The government now has six months to investigate and respond to Rengel's complaint. If it denies his claim or fails to respond in that time period, Rengel could then sue in federal court. The Republican president, who campaigned in last year's election on a pledge of mass deportations, in March invoked a 1798 statute called the Alien Enemies Act as part of an effort to quickly deport alleged Venezuelan gang members to El Salvador. The law authorizes the president to deport, detain or place restrictions on individuals whose primary allegiance is to a foreign power and who might pose a national security risk in wartime. The U.S. government last invoked the Alien Enemies Act, which historically has been employed only during wartime, during World War Two to intern and deport people of Japanese, German and Italian descent. The Venezuelan deportees were held incommunicado in El Salvador's maximum security CECOT prison until they were returned to Venezuela last week as part of a prisoner swap between the United States and Venezuela. Family and friends of some of them said the deportees were not gang members and were wrongly accused based on tattoos, hand gestures and clothing. Venezuelan government officials and deportees have said they were tortured in prison. Rengel's lawyers said in the complaint that, because of his tattoos, DHS employees detained him in the parking lot of his apartment in Irving, Texas, and falsely accused him of membership in the Venezuelan Tren de Aragua gang. Department of Homeland Security spokesperson Tricia McLaughlin in a statement on Thursday reiterated the U.S. government's claim that Rengel was associated with Tren de Aragua and said he was "deemed a public safety threat." McLaughlin said Trump and Homeland Security Secretary Kristi Noem "will not allow foreign terrorist enemies to operate in our country and endanger Americans." Rengel alleged that, after moving him to a detention center, DHS employees lied to him, telling him he was being sent to Venezuela. "Instead, for more than four months, Rengel languished in El Salvador – which is not his country of origin and a place where he has no ties – where he suffered physical, verbal and psychological abuse," the complaint said. (Reporting by Jan Wolfe; Additional reporting by Ted Hesson; Editing by Amy Stevens and Will Dunham)
Global News
11-07-2025
- Politics
- Global News
Now freed, Mahmoud Khalil files $20M claim against Trump administration
On a recent afternoon, Mahmoud Khalil sat in his Manhattan apartment, cradling his 10-week-old son as he thought back to the pre-dawn hours spent pacing a frigid immigration jail in Louisiana, awaiting news of the child's birth in New York. For a moment, the outspoken Palestinian activist found himself uncharacteristically speechless. 'I cannot describe the pain of that night,' Khalil said finally, gazing down as the baby, Deen, cooed in his arms. 'This is something I will never forgive.' Now, weeks after regaining his freedom, Khalil is seeking restitution. On Thursday, his lawyers filed a claim for $20 million in damages against the Trump administration, alleging Khalil was falsely imprisoned, maliciously prosecuted and smeared as an antisemite as the government sought to deport him over his prominent role in campus protests. The filing — a precursor to a lawsuit under the Federal Tort Claims Act — names the Department of Homeland Security, U.S. Immigration and Customs Enforcement and the State Department. Story continues below advertisement It comes as the deportation case against Khalil, a 30-year-old recent graduate student at Columbia University, continues to wind its way through the immigration court system. The goal, Khalil said, is to send a message that he won't be intimidated into silence. 'They are abusing their power because they think they are untouchable,' Khalil said. 'Unless they feel there is some sort of accountability, it will continue to go unchecked.' 1:56 Mahmoud Khalil released from ICE custody after more than 3 months in jail Khalil said he plans to share any settlement money with others targeted in Trump's 'failed' effort to suppress pro-Palestinian speech. In lieu of a settlement, he would also accept an official apology and changes to the administration's deportation policies. A White House spokesperson deferred comment to the State Department, which said its actions were fully supported by the law. Story continues below advertisement In an emailed statement, Tricia McLaughlin, a spokesperson for the Department of Homeland Security, called Khalil's claim 'absurd,' accusing him of 'hateful behavior and rhetoric' that threatened Jewish students. Harsh conditions and an 'absurd' allegation The filing accuses President Donald Trump and other officials of mounting a haphazard and illegal campaign to 'terrorize him and his family,' beginning with Khalil's March 8 arrest. On that night, he said he was returning home from dinner with his wife, Noor Abdalla, when he was 'effectively kidnapped' by plainclothes federal agents, who refused to provide a warrant and appeared surprised to learn he was a legal U.S. permanent resident. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy He was then whisked overnight to an immigration jail in Jena, Louisiana, a remote location that was 'deliberately concealed' from his family and attorneys, according to the filing. Inside, Khalil said he was denied his ulcer medication, forced to sleep under harsh fluorescent lights and fed 'nearly inedible' food, causing him to lose 15 pounds (7 kilograms). 'I cannot remember a night when I didn't go to sleep hungry,' Khalil recalled. Meanwhile, the Trump administration publicly celebrated the arrest, promising to deport him and others whose protests against Israel it dubbed 'pro-terrorist, anti-Semitic, anti-American activity.' Khalil, who has condemned antisemitism before and since his arrest, was not accused of a crime and has not been linked to Hamas or any other terror group. 'At some point, it becomes like reality TV,' Khalil said of the allegations. 'It's very absurd.' Story continues below advertisement View image in full screen Mahmoud Khalil, right, speaks to Rep. Alexandria Ocasio-Cortez, D-N.Y., after arriving at Newark International Airport, Saturday, June 21, 2025, in Newark, N.J. Seth Wenig / The Associated Press Deported for beliefs A few weeks into his incarceration, Khalil was awoken by a fellow detainee, who pointed excitedly to his face on a jailhouse TV screen. A new memo signed by Secretary of State Marco Rubio acknowledged Khalil hadn't broken the law, but argued he should be deported for beliefs that could undermine U.S. foreign policy interests. 'My beliefs are not wanting my tax money or tuition going toward investments in weapons manufacturers for a genocide,' Khalil said. 'It's as simple as that.' By then, Khalil had become something of a celebrity in the 1,200-person lock-up. When not dealing with his own case, he hosted 'office hours' for fellow immigrant detainees, leaning on his past experience working at a British embassy in Beirut to help others organize paperwork and find translators for their cases. Story continues below advertisement 'I'm pretty good at bureaucracy,' Khalil said. At night, they played Russian and Mexican card games, as Khalil listened to 'one story after another from people who didn't understand what's happening to them.' 'This was one of the most heartbreaking moments,' he said. 'People on the inside don't know if they have any rights.' View image in full screen A people gathered in Foley Square, outside the Manhattan federal court, in support of Mahmoud Khalil, Wednesday, March 12, 2025, in New York. Stefan Jeremiah / The Associated Press Lost time On June 20, after 104 days in custody, Khalil was ordered released by a federal judge, who found the government's efforts to remove him on foreign policy grounds were likely unconstitutional. He now faces new allegations of misrepresenting personal details on his green card application. In a motion filed late Wednesday, attorneys for Khalil described those charges as baseless and retaliatory, urging a judge to dismiss them. Story continues below advertisement The weeks since his release, Khalil said, have brought moments of bliss and intense personal anguish. Fearing harassment or possible arrest, he leaves the house less frequently, avoiding large crowds or late-night walks. But he lit up as he remembered watching Deen taking his first swim earlier in the week. 'It was not very pleasant for him,' Khalil said, smiling. View image in full screen Pro-Palestinian activist Mahmoud Khalil and his wife, Dr. Noor Abdalla, hold their baby Deen during an interview, July 3, 2025, in New York. Yuki Iwamura / The Associated Press 'I'm trying as much as possible to make up for the time with my son and my wife,' he added. 'As well thinking about my future and trying to comprehend this new reality.' Part of that reality, he said, will be continuing his efforts to advocate against Israel's war in Gaza, which has killed more than 57,000 Palestinians, more than half of them women and children, according to Gaza's Health Ministry. On the day after his release, he led a march through Manhattan, draped in a Palestinian flag — and flanked by security. Story continues below advertisement As he poured Deen's milk into a bottle, Khalil considered whether he might've done anything differently had he known the personal cost of his activism. 'We could've communicated better. We could've built more bridges with more people,' he said. 'But the core thing of opposing a genocide, I don't think you can do that any differently. This is your moral imperative when you're watching your people be slaughtered by the minute.'
UPI
11-07-2025
- Politics
- UPI
Palestinian Columbia student activist Mahmoud Khalil files $20 million claim against Trump administration for ICE detention
Columbia graduate and pro-Palestinian activist Mahmoud Khalil marches and chants at his release rally on the steps of St. John the Devine Cathedral on June 22 in New York City. Khalil has filed a $20 million administrative complaint against the Trump administration. Photo by Peter Foley/UPI | License Photo July 11 (UPI) -- Palestinian activist Mahmoud Khalil who was detained by Immigration and Customs Enforcement for 104 days has filed a complaint against the administration of President Donald Trump for $20 million. "It was a very, very dehumanizing experience, for someone who was not accused of any crime, whatsoever," Khalil told CNN. He is a green card holder who had no formal criminal or civil charges against him. His administrative complaint, which is a precursor to a federal lawsuit, alleges that he was falsely imprisoned, maliciously prosecuted and smeared as an anti-Semite. The U.S. government tried to deport him because of his leadership of campus protests at Columbia University. His arrest felt like a kidnapping, he told CNN's Christiane Amanpour. He was on his way home from dinner with his wife Noor Abdalla, who was pregnant at the time. Agents followed him into the lobby of his apartment building, and they threatened his wife with arrest if she didn't separate from him, he said. The ICE agents did not have a warrant for the arrest. The government held Khalil, 30, in an ICE facility in Louisiana, alleging he supports Hamas. The administration hasn't shown any evidence of this, and Khalil's legal team has rejected it. "(The complaint) is just the first step of accountability, that this administration has to pay for what it's doing against me or against anyone who opposes their fascist agenda," Khalil told NBC News Thursday. Khalil, a recent graduate of Columbia, has said he either wants $20 million or an apology from the administration. "My goal is not self-enrichment. I don't want this money just because I need money. What I want is actual accountability. Real, real accountability against the injustices that happened against me with the malicious prosecutions that I was targeted for all this." The U.S. Department of Homeland Security has said it acted properly. "The Trump Administration acted well within its statutory and constitutional authority to detain Khalil, as it does with any alien who advocates for violence, glorifies and supports terrorists, harasses Jews, and damages property," DHS posted on X before his release in June. "An immigration judge has already vindicated this position. We expect a higher court to do the same." The complaint names the Department of Homeland Security, U.S. Immigration and Customs Enforcement and the State Department. He filed it under the Federal Tort Claims Act. The immigration case against him continues in the courts. The Center for Constitutional Rights is representing Khalil. It said he would use the money to "help others similarly targeted by the Trump administration and Columbia University."
Indian Express
11-07-2025
- Politics
- Indian Express
$20M or an apology: Freed from ICE detention, Mahmoud Khalil's renewed demand for justice from Trump administration
Just weeks after stepping out of an ICE detention facility where he spent over three months in federal custody, Mahmoud Khalil, once a graduate student negotiating peacefully on behalf of Columbia University's pro-Palestinian protesters, is now demanding justice in a very different arena. Khalil has filed a $20 million administrative complaint against the Trump administration, accusing it of weaponising immigration enforcement to silence dissent. His claims of false arrest, malicious prosecution, and emotional trauma come as part of a broader battle, not just for his freedom, but for the rights of student activists targeted under a government that labeled him a national threat. Khalil, 30, who was a key negotiator and spokesperson during Columbia University's pro-Palestinian campus protests, has filed the complaint under the Federal Tort Claims Act. It is considered a precursor to a potential federal lawsuit. According to the Center for Constitutional Rights, the organisation representing Khalil, the Columbia graduate would use the compensation to 'help others similarly targeted by the Trump administration and Columbia University.' In a press release, the group said: 'He would accept, in lieu of payment, an official apology and abandonment of the administration's unconstitutional policy.' Khalil had risen to national attention in the spring of 2024 as one of the student leaders of the Columbia encampments in protest of the Israel-Hamas war. A green card holder married to a US citizen, he was arrested in March 2025 by Immigration and Customs Enforcement agents at his New York apartment, the first high-profile pro-Palestinian activist to be detained by ICE under President Donald Trump's second term. Trump had vowed to 'crush' the protests, describing university campuses as 'hotbeds of antisemitism'. Khalil was transferred to an ICE facility in Louisiana, while the Trump administration pressed in court for his deportation. Officials accused him of supporting Hamas, a charge his legal team denies and for which no formal evidence has been presented. Citing national security grounds, Secretary of State Marco Rubio determined that Khalil's presence in the US posed a foreign policy risk. An immigration judge in Louisiana agreed and ordered his deportation. However, in June, a federal judge in New Jersey barred the Trump administration from deporting or continuing to detain Khalil, calling into question the basis of his arrest. Khalil was released on June 20 and was greeted by supporters at Newark Liberty International Airport, including fellow activists and members of his legal team. Despite the release, the Trump administration continues to pursue Khalil's deportation. His complaint accuses the State Department, DHS, and ICE of 'retaliatory arrest' in violation of his constitutionally protected speech. It states: 'Officials at the highest levels of the United States government publicly lashed out at Mr. Khalil on social media, falsely labeling him a terrorist sympathizer and an antisemite — derogatory charges designed to destroy Mr. Khalil's reputation, put him in physical danger and cause extreme emotional distress.' In a statement to ABC News, DHS Assistant Secretary Tricia McLaughlin defended the administration's actions: 'Mahmoud Khalil's claim that DHS officials branded him as an antisemite and terrorized him and his family is absurd. It was Khalil who terrorized Jewish students on campus. He 'branded' himself as antisemite through his own hateful behavior and rhetoric. It is a privilege to be granted a visa or green card to live and study in the United States of America.' Khalil, however, remains resolute. In his first broadcast interview after release, he vowed to keep 'advocating for what's right' and said he would continue to stand for Palestinian rights, even in the face of government retaliation. His case is expected to test the limits of immigration enforcement powers and raise fresh legal and political questions about free speech, protest, and the criminalisation of dissent under the Trump administration.
