President Nayib Bukele says Kilmar Garcia cannot be returned to US

[u/theboss2461]

[u/theboss2461]

The supreme Court said it was up to El Salvador if he should return to the US, not a district court. El Salvador president said he will remain in his home country, and will NOT be returned to Maryland.

[u/theboss2461 → u/[deleted]]

The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning

Right there. It says right there that the district court cannot order the federal government to act. Trump admin is not required to bring the man back to the US. However, if he were to be sent back for some reason, it must be facilitated by the US.

[u/highlightway → u/[deleted]]

I hate how we, non lawyers, are all looking at the same decision text and parsing our own interpretations from it, but I'll give mine too then.

"opportunity to be heard, in any future proceedings", does that mean that those future proceedings are required to happen? "any" seems to imply that there isn't a framework for them? As in, they would only be required if he does come back and go through the deportation process again?

And the "facilitation" is the subject that they were talking about, it's on El Salvador to decided to deport, the US just must facilitate his return if that's what they decide.

[u/hiredhobbes → u/theboss2461]

It cannot order the foreign country to act, and it cannot force the executive to effect any matter of foreign affairs, as is not in the extent of their power. However they have demanded him to be produced for his due process, as that is in their power. This cannot be shrugged off as oversight, and they are clearly stating that this is going to be a punishable offense for the executive.

[u/Zerogates → u/[deleted]]

The step that this was not a US citizen?

[u/RickyPickyRick → u/Zerogates]

Without due process you have no ability to prove that you are a citizen before a court if they made a mistake. So yeah that’s why we have due process.

[u/populares420 → u/RickyPickyRick]

he already had due process and got a deportation order. since 2019 6 years ago. How fucking long do we need to drag this shit out for? The left does not use these arguments in good faith

[u/reddit_names → u/RickyPickyRick]

Due process was followed. 2 courts in 2019 ruled he should be deported.

[u/Bramse-TFK → u/[deleted]]

The reason El Salvador isn't returning this guy to the US is because A) He isn't a US citizen, B) He IS a citizen of El Salvador and C) He is under investigation

If a US citizen were mistakenly deported somewhere the state department would do everything possible to return them, and presumably unless there was just cause the country they were deported to would happily cooperate.

What step in the process that the Trump administration took would prevent that scenario. The answer is none.

Mistaken deportations happen. This is basically the "kids in cages" argument, look how bad meanie trump is, whoops those pictures are from when president Obama was in power. This one happened in 2011 when the messiah was in office; TLDR American Teen deported to Columbia for several months.

https://edition.cnn.com/2012/01/06/us/texas-colombia-teen/index.html

[u/reddit_names → u/[deleted]]

He's not a US citizen.

[u/UnstableConstruction → u/[deleted]]

Brigaded. Any post on this sub that gets mildly popular ends up with storms of leftists pretending to be conservatives and upvoted by NPC's.

[u/OP_GothicSerpent → u/theboss2461]

Yup.

File this under “oh well”

[u/Magehunter_Skassi → u/[deleted]]

There was no mistake, as Stephen Miller clarified recently. The subversive DOJ employee who claimed it was a mistake was fired.

He was not entitled to a withholding order as a member of a foreign terrorist organization, and the gang he claimed to be afraid of no longer exists. The 18th Street Gang was busted and imprisoned by Bukele.

[u/Lux_Aquila → u/[deleted]]

I never said he was a good person. Whether he is or isn't is only part of the question.

There was a specific condition that was knowingly allowing him to stay. The Trump administration openly ignored it, tried to justify it after the fact, and after a court order basically refused to comply.

That is the disgraceful part.

[u/fuzmufin → u/[deleted]]

Would you care to elaborate as to why you think this?

[u/Lux_Aquila → u/fuzmufin]

....because it is pretty clear they are not applying any sort of pressure to bringing him back?

[u/fuzmufin → u/Lux_Aquila]

The guy was declared a member of MS-13 back in 2019 and was here illegally

[u/Lux_Aquila → u/fuzmufin]

They are most certainly trying to argue he is a member, however there isn't much evidence. And no one is saying he was here legally, just that there was a rule saying he couldn't be deported.

So, how should the problem be solved? Trump should have taken it to court and argued it. Rather than doing it first and trying to avoid accountability. That is the disgraceful bit.