I’ve recently heard a take on the Garcia case. He is an El Salvadorian citizen in El Salvador. I take that the Salvadorian gov’t has no obligation to send him back. And I believe the Court understands this and hence using the language “facilitate” instead of something more affirmative.
However, he is changed with no crime in El Salvador. The only reason he’s in prison there is for “crimes” committed in the US (I ask that you don’t over-parse that). If he is released from CECOT, what further justice would be required? What legal strategy could be used to force the issue?
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I’ve recently heard a take on the Garcia case. He is an El Salvadorian citizen in El Salvador. I take that the Salvadorian gov’t has no obligation to send him back. And I believe the Court understands this and hence using the language “facilitate” instead of something more affirmative.
However, he is changed with no crime in El Salvador. The only reason he’s in prison there is for “crimes” committed in the US (I ask that you don’t over-parse that). If he is released from CECOT, what further justice would be required? What legal strategy could be used to force the issue?
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If I were arrested unlawfully and my rights violated I would sue. I don’t see any reason why he shouldn’t. If people here in the states can win million dollar settlements for wrongful arrest this guy has billions coming to him.
He needs to be brought back to the United States. The entire deportation of him was done under illegal means and as such we should insist that the Government essentially revert everything it has done, and then pay damages for emotional distress and any physical injuries that might have been inflicted.
And then if they want to deport him again, they have to do it with due process, a trial and everything.
No, it wouldn’t be enough for him to be released from CECOT and stay in El Salvador. He was deported illegally and by mistake, by the Trump administration’s own admission. The man has never been charged with a crime in the US or in El Salvador. His wife is a US citizen and their child is a US citizen. They also care for two of her children from a previous relationship. All three children have special needs.
No. He was specifically barred from being deported to El Salvador. I would prefer that he be brought back to the States so that he can challenge our government in a court of law for damages or to counter their claims as to why he should be deported. But at the very, very least, he needs to land in another country where his freedom isn’t in jeopardy for the crime of being accused of things that may not be true.
I doubt he will ever get out. He would have stories to tell and the Trump regime can’t allow that. He’s either dead already or will be killed if his release is approved (how?).
This is our world now. Rendition and murder.
If he gets released, one big question I have is: was he tortured?
If so, did anyone in the Trump admin know about it? Did they think that by handing people in their possession over to another government, they could wash their hands of torture?
If so, that’s an obvious loophole that should be corrected.
We went through the whole torture thing about 20 years ago with Bush Jr. and nobody was prosecuted. I think that was a mistake.
If El Salvador releases Garcia from CECOT, he could remain in El Salvador. But if Garcia chooses to travel back to the United States, the Trump administration is required to facilitate that return.
Garcia is highly likely to be sent back to El Salvador not long afterward, but that’s beyond the scope of your question.
I would be worried for his safety there.
But that’s the tricky part. In the White House’s eyes he doesn’t belong in America, he belongs in El Salvador, so it’s up to them to do something, but in their eyes he’s a criminal too. He doesn’t have a squeaky clean past/record from what I hear, so they are also not in a rush to release him even in their society.
It’s all a mess.
The big issue here is not the specifics of this individual- its rule of law. The argument that the government can make a mistake and then pretend it’s helpless.
It’s sorta like the kid who runs down the hall and you make him come all the way back and walk this time.
If he is not returned and all the rules are followed, what stops the government from doing this 10 more times? What standard says you can break the rule once but not ten times?
Almost all of the power of the Supreme Court is due to deference to the Supreme Court. Taunting the court is very bad for our government stability. I have a friend who is a judge. He has noticed since Trump came into office the general respect has gone down sharply. Way more incidents of swearing, noncompliance with orders, general deference. These things have real consequences.
Perhaps MAGA can stop ginning up fear by accusing every person they detain or deport of being a murderer or in a gang, for starters. This is only going to result in a further spike in domestic hate crimes and harassment against Hispanics.
Seriously, the world is watching as we abduct and send people to concentration camps in a country not (usually) of their origin without due process.
No.
The entire issue is that Abrego Garcia was not to be removed to El Salvador at all, by judicial order.
It’s hard to imagine him being allowed to stay in El Salvador but not in prison. Locking up people who show symbols of gang membership without any proof that they are actual gang members is exactly what that prison is for. This is an extremely popular policy in El Salvador, which had one of the highest murder rates in the world before the government did that.
No.
The order was to facilitate his return to the United States because he was not legally allowed to be deported to El Salvador. So is being deported to El Salvador, “enough” to ensure justice? I mean, which part was unclear?
No, the problem is lack of due process.
No, his family is here, his legal case is here, and there is a court order protecting him from deportation. He needs to be returned to the US, and reunited with his family.
Notice how u said “if”
This is one of the reasons why the Democrats are losing votes and elections. They are fighting to return a non citizen who has arrests and a long police profile that points to his involvement in the gang. Why are liberals and democrats fighting to undo this? He committed spousal assault and this is the fight that the democrats want to die on?
I ask this as a serious question as a registered Republican.
Enough for what? He is an El Salvadorian citizen, we have zero say on what happens, unless the El Salvadorian government sends him back. To which we’ll send him immediately back or to another country that agrees to take him. I’m not even sure why were are still talking about this.