It has been widely reported in the press that Avelo Airlines that operates out of Phoenix-Mesa Gateway Airport signed a contract with the current presidential administration to begin on May 16, 2025 to transport abducted citizens and non-citizens from the United States to El Salvador or other unknown places. We object to this contract because it violates the law, FAA regulations, and Phoenix- Mesa Gateway Airport rules.
The contract is illegal, and one cannot contract to do an illegal act.
The United States District Court in the Southern District of Texas in CIVIL ACTION NO. 1:25-CV-072, J.A.V. et al v. Donald J. Trump et al filed 5/1/25 held that the president cannot use the Aliens Enemies Act (AEA) to deport any person because it exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms. The Court concluded that the executive branch could not detain the named petitioner of the certified class of all such prisoners or remove them from the country because such action exceeds the statutory boundaries of the AEA.
Any person subject to detention and removal must have due process and equal protection that includes judicial review of the interpretation of the law and in each specific case, the facts. Obviously, they government may not remove citizens who have the full protection of the Constitution’s due process clauses in the 5th and 14th Amendments at all.
In addition, on 7 April, the U.S. Supreme Court ruled that prior to removal those being removed the persons needed to be provided adequate notice that they were being removed so that they might be able to file a legal challenge. Less than two weeks later, the supreme court ordered a halt to deportation of migrants in Texas after being presented with evidence that they weren’t being given adequate chance to file their removals.
The court in J.A.V. gave several reasons in its decision why the AEA did not apply and how the executive branch had exceeded its authority, but the bottom line is that the executive branch may not detain non-citizens, transfer them within the United States, or remove them from the country. If the executive branch cannot do it, Avelo Airlines cannot do it for them. The contract is illegal and must be cancelled immediately with a public repudiation by Avelo Airlines.
Asylum may apply to any of the abducted persons.
Asylum is based on the United Nations 1951 Convention and 1967 Protocol to which the U.S. is a signatory and must adhere. If a person arrives at a border and is unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, they may apply to be granted refuge in the new country. It is not guaranteed; but they must be able to apply. 8 U.S.C. § 1158
Non-refoulement is a fundamental principle of international law based in the Convention Relating to the Status of Refugees which the U.S. has signed that forbids a country from deporting (refoulement) any person to a country where their life or freedom would be in danger on account of race, religion, nationality, membership of a particular social group or political opinion. There are exceptions but a judicial process is required to determine if they apply.
The U.S. has incorporated these requirements into the Foreign Affairs Reform and Restructuring Act of 1998 (FARRA) and the Refugee Act of 1980. For Avelo Airlines to return persons to countries where their safety and lives are at risk is a violation of the asylum and non-refoulement laws. Avelo Airlines cannot contract to do an illegal act.
The removal violates FAA nondiscrimination laws.
The FAA is required to comply with all anti-discrimination laws, regulations, and policies. This includes prohibiting discrimination on the basis of race, color, national origin, religion, sex, age, disability, or sexual orientation – basically the same provisions as those in the asylum law plus. FAA policy also requires adherence to Title VI of the Civil Rights Act of 1964 that prohibits discrimination in federally assisted programs, which includes air travel. FAA Order 1400.11, National Policy. The FAA has its own Office of Civil Rights and a complaint will be filed there as well.
The contract violates Phoenix- Mesa Gateway Airport rules.
The minimum standards for the airport require that an application be denied if the applicant has violated the law (3.3.8) To continue with this contract would be a violation of the law in several respects as outlined above.
The minimum standards also state that nondiscrimination is a valued principle of the airport and to discriminate is a violation of the standards. (4.1.8). These abductions and removals are clearly based on ethnicity i.e. Central and South American males 14 and over. They are discriminatory and cannot be allowed under the policy.
Take Action
To voice your opinion to Avelo: https://www.aveloair.com/contact-us
To voice your opinion to the Board of Directors: Phoenix-Mesa Gateway Airport Board of Directors:, Julia Wheatley, Chair, Mayor of Queen Creek, julia.wheatley@queencreekAZ.gov
To voice your opinion to the airport management: J. Brian O’Neill Executive Director/CEO
Or send to all three!
And if you can, show up and support the demonstration on May 12.
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Most of the illegal immigrants removed by President Obama, and he removed a lot, did not even get hearings. Is Obama the “Abductor-in-Chief?”