Supreme Court unanimously orders Trump administration to “facilitate “ the return of man mistakenly deported to El Salvador

It takes some pretty egregious lawlessness to earn a unanimous rebuke from this Court.

Well, that was crystal-fucking-clear.

And people used to ask me why I didn't go to law school.

Unanimous? Wow. I hope it lays a path for the other innocents who got caught up in this.

And the Justice Department just dropped its case against the supposed MS-13 gang leader who the arrested with much fanfare not too long ago.

Its costs them nothing to make a little show of having a moral compass and yada yada.

What will they do when he disregards their verdict?

I hope he sues for every penny he can.

If he's still alive

Trump won't disregard the order but I can see on his gestapo douchebags doing so.

Note that the Court let stand the judge’s order to “facilitate” the release while declining to endorse the order to “effectuate” the release and saying only that the government should be prepared to “share what it can” about the steps it has taken. This is a potential loophole for Trump to say “We tried, but failed” and that’s all we can say on grounds of national security or the need for diplomatic secrecy. Too deferential under the circumstances.

The SC didn’t order the return. It let stand the district court’s order to facilitate and maybe effectuate the return. Words matter. There was no rebuke. It was a finding that the judge’s order to facilitate was proper. Sotomayor in her statement made criticisms, but there is no criticism of anything in the court’s order.

The SC is right to question the district court’s use of “effectuate”. The court can’t force the U.S. military to invade El Salvador to capture the deportee or force the U.S. to try to make El Salvador do anything. The whole thing will be moot if El Salvador just refuses to let the deportee leave the country.

Didn't they tell Trump a President could do anything he wanted with no repercussions?

I think Trump will not ignore but will slow walk this order

It's not even boldly-worded but Dump and his band of morons will likely take offense.

And when he refuses…..?

Given the ridiculously harsh conditions at CECOT, it's ENTIRELY possible that this innocent guy is already dead. "Here's your body".

Tonight thank God it's them- instead of youuuu

So once it's established that the US had no right to treat this guy as a criminal because he wasn't one, couldn't it be argued in Salvadoran courts that they have no right to hold this guy as the country in question (US) never formally charged him with anything. So maybe the guy can't leave El Salvador, but they can't hold him in prison either. I agree - the Dump DOJ won't do shit - but couldn't it be argued at the local level?

[quote] There was no rebuke.

The unanimous vote is a rebuke. They are tossing Trump a bone in being deferential because there is a serious risk that Trump will ultimately defy the Court and cause a Constitutional crisis that destroys the rule of law. I think they are doing what they can to minimize the risk by giving him a means to declare victory (which he actually did) and avoiding provocation.

The risk is that the Salvadoran authorities will assert their own charges against him and refuse to release him. Remember, he was granted asylum from El Salvador out of fear of persecution.

The district court will likely inquire into the terms of the agreement between the government and the Salvadoran government. It SHOULD have made clear that the US government has the right to release anyone they sent there, but the assholes may not have thought to include that because release was not a concern. Even if it does include such a provision, the Salvadorans would likely still have the right to hold anyone facing charges in El Salvador.

Bukele will invent a reason why the "facilitation" won't happen.

He’ll probably do whatever Trump wants, which may be another reason why the Court handled Trump gingerly.

What about all the other men who are being held without due process? It’s crazy they can’t do a class action and have to pursue each individual as a separate case.

Not to mention a waste of the court’s time.

The Venezuelans arrested under the Alien Enemies have a class action case pending. That was the subject of a previous 9-0 decision against Trump.

This man was arrested under a different law. Hence a different case.

Trump says “fuck you” to the court. Says it needs four days to tell judge what they are going to do while an innocent man rots in jail.

They need the four days to Epstein him.

At hearing, government’s lawyer says he does not know where Abrego Garcia is now. He is “not prepared to share” what steps the government has taken to facilitate his release and cannot say whether any steps have been taken.

Judge denies his request to file briefs next week and says she wants daily reports starting tomorrow. “There are no business hours in this court”

So, what’s the legal remedy?

The judge could charge someone with contempt of court and Trump could pardon them.

Is this the gay barber?

No. He’s one of the Venezuelans.

Ultimately, if Trump decides to disobey the courts, there isn’t much they can do about it. He should be impeached, but he won’t be. We’d have to wait for the next election and hope the Democrats win enough seats to remove him. Then we’d have JD.

Meanwhile, people would need to take to the streets and pressure Congress to force Trump to get the man released.

[quote] He’s one of the Venezuelans.

Garcia is Salvadoran, a citizen of El Salvador. He entered the U.S. illegally in 2011. In 2019, an immigration judge denied Garcia’s asylum request. However, the judge did a protection order that only forbid the government from deporting him specifically to El Salvador. News reports deliberately don’t mention that Garcia is deportable, just not to El Salvador. They also deliberately make it seem like the “administrative error” was deporting him at all. The administrative error was sending him to El Salvador instead of some other country.

Setting aside the HORRENDOUS implications if this were to happen, doesn't some small part of you hope that cheeto and his administration essentially tells the Supreme Court - nah, were good.

It would make a few of them shit their black robes if they suddenly realized they are on borrowed time if they continue to rule as they have done to support this administration.

He's dead or already so badly beaten up during his short time there they don't want him sharing that to the press. I think they'd accept losing this one case for the sake of their bigger project otherwise.

[quote] Garcia is Salvadoran,

The question was “is he the gay barber?”

Yes r33. There will be a certain schadenfreude when the Supreme Court realizes it destroyed itself by empowering Trump.

and trump says, Nope.

r37 Of course - and no one will do a gd thing about it, sadly. Everyone around him is obviously scared of him.

Geez - it's no wonder Putin has stayed in power for so long when an imbecile like cheeto is able to pull this kind of crap in a country that is supposed to uphold the rule of law.

The secret is to ask the question Trump always asks. Not “what is the law?” But “what are they going to do about it if I disobey the law?”

SCOTUS foolishly gave immunity to the President and now a habitual criminal has the power. And there’s really nothing the Court can do except write nasty screeds that he will ignore.

[quote] the judge did a protection order that only forbid the government from deporting him specifically to El Salvador.

I am assuming that was because the judge believed that Garcia was in danger in El Salvador, but isn't being in danger in your home country grounds for granting asylum?

[quote]Supreme Court unanimously orders Trump administration to “facilitate “ the return of man mistakenly deported to El Salvador

Or what?

Lesson learned I hope. If you are in the US illegally, you should gather your family and find another country to call home. Do not wait. If left to ICE, you might be separated and sent to separate countries. If you want to stay together, leave together voluntarily and with agency.

Oh do fuck off, r44.

R45 How am I wrong? Pur ideology aside and look at the facts and the current power structure. Seriously, how is that not better to keep families together. This is no drill and families are being torn apart. What is your solution, pray tell?

I got curious about the truth on this person. As expected… it’s somewhere between “wholly innocent family man now being destroyed sacrificially on the public stage for Trump” and “vicious and violent active MS13 gangster.”

There is zero credible evidence for the latter. No MS13, etc.

However, it appears highly likely he was active in migrant-smuggling / human trafficking operations as of 2022. Google his name and Tennessee and 2022 for the details. He had 8 undocumented migrants packed in his truck and they had little to no personal possessions with them. Further, the truck was previously owned by his boss who was convicted of human trafficking / migrant smuggling operations.

So it’s complicated but this one man does have a problem past. There are numerous others seized who have much cleaner records and equally heartbreaking stories of their family being ripped apart.

Now Trump wants to deport him to Uganda.

This is such bullshit. The administration knows fully well it got this case completely wrong but it desperately digging in further and further

[Quote] He had 8 undocumented migrants packed in his truck and they had little to no personal possessions with them.

They, in fact, did NOT know the immigration status of the men her was transporting. The fact that they had no personal possessions seems more in line with the fact that they were workers he was transporting home. In fact, the cops who stopped him suspected nothing weird and let him go.

Knowing that the government can just make up such charges and try to convict someone, doesn’t convince me that his boss was truly human trafficking

R47, the only "evidence" he was involved in smuggling comes from dishonest informants who were given lenient treatment to testify against him. Kind of like how Trump transferred Ghislaine Maxwell to a cushy prison in exchange for saying Trump is a wonderful guy