Kristi Noem responds after lawsuit dropped: “Suck it”

Secretary of Homeland Security Kristi Noem wrote “suck it” on social media after a lawsuit filed against her department was voluntarily dismissed.

Why It Matters

The lawsuit, filed on March 1 by 10 immigration detainees, challenged plans by the Trump administration to transfer them to Guantanamo Bay, a U.S. detention facility in Cuba.

According to a court filing on Thursday, most of the plaintiffs have since been deported, and the remaining individuals have opted not to continue with the case. As a result, the lawsuit was voluntarily dismissed, with the court deeming the matter moot.

What To Know

The lawsuit, Espinoza Escalona v. Noem, argued that the government violated due process rights.

The American Civil Liberties Union, which supported the plaintiffs, said in March that the individuals faced “the risk of being transferred to Guantanamo without any legal authority,” arguing that such action would be inconsistent with federal law and constitutional protections.

The lawsuit raised concerns over the potential implications of using a military facility traditionally associated with terrorism suspects for immigration enforcement purposes.

Among the detainees was Maiker Espinoza Escalona, whom the Department of Homeland Security has accused of being a member of the Venezuelan gang Tren de Aragua and involved in serious criminal activity.

Yorely Escarleth Bernal Inciarte, with whom Espinoza Escalona shares a child, was accused of recruiting young women for drug trafficking and prostitution. The parents entered the country unlawfully and had final removal orders issued by a judge.

DHS deported Espinoza Escalona to El Salvador and Inciarte to Venezuela without their child, who was placed in U.S. foster care. The 2-year-old was later returned to Venezuela following widespread criticism of the separation.

Espinoza Escalona’s family has denied the allegations against him, citing a lack of a criminal record. DHS has not publicly shared evidence to substantiate the government’s claims.

Between January 20 and April 8, the Trump administration is reported to have spent at least $21 million on transporting migrants to the U.S. Naval Station at Guantanamo Bay. While Trump had initially proposed sending thousands of individuals to the facility, logistical and legal challenges limited the effort. Many of the migrants who were transferred are believed to have subsequently been returned to the United States.

What People Are Saying

A senior Department of Homeland Security official said in a statement: “Thanks to President Trump, these Tren De Aragua gang members have been removed from our country. Due to the violent criminal activities of the parents including operating a torture house, sex trafficking, and kidnapping the child was removed from their custody. We will not allow this child to be abused and continue to be exposed to criminal activity that endangers her safety.”

Harry Sisson, a social media influencer and self-described Democrat, wrote on X, formerly Twitter: “This is DHS Secretary Kristi Noem saying ‘suck it’ in celebration over deporting people to El Salvador without due process. She’s celebrating constitutional rights being ignored.”

Lee Gelernt, an attorney with the American Civil Liberties Union, told ABC News: “[Espinoza Escalona] and others being sent to the Salvadoran prison must be given due process to test the government’s assertions.”

What Happens Next

It remains unclear whether further action will be taken in response to the detainees’ deportations.