‘Suck it’: Kristi Noem claps back at ACLU after lawsuit over holding suspected Tren de Aragua member, illegal immigrants in Gitmo dismissed

In a post to X, Noem shared the filing dismissing the case, which stated, “Since the filing of this case on March 1, 2025, Defendants have removed Plaintiffs Espinoza Escalona, Villa Wilhelm, Castillo Cerrano, Pulido Castellano, Estiver Salazar, Muhammad, and Rayhan from the United States, rendering their claims moot. Plaintiffs Berrios Laguna, Torcati Sebrian and Malik no longer wish to continue litigating this case.”

"Defendants have not filed an answer or a motion for summary judgment. Therefore, Plaintiffs hereby voluntarily dismiss this action, without prejudice,” the filing added. The lawsuit was filed by the American Civil Liberties Union (ACLU) on behalf of the illegal immigrants who were taken into custody in Texas and then later transferred to Guantanamo Bay to be held.

DHS found that one plaintiff in the suit, Maiker Espinoza Escalona, was a suspected member of the terrorist-designated Tren de Aragua gang. He was deported in March to El Salvador.

In a March filing, the plaintiffs in the case wrote, “Never before has the federal government moved noncitizens apprehended and detained in the United States on civil immigration charges to Guantánamo. Nor is there any legitimate reason to do so now,” per The Hill.

"The government has ample detention capacity inside the United States, which is far less costly and poses none of the logistical hurdles attendant to detaining people on Guantánamo,” the suit said, challenging their transfer to Guantanamo.

The comment from Noem comes as there have been a number of judges who have ruled against the Trump administration over policies regarding immigration enforcement, including deportation orders.