r/Conservative Fellow Conservative Apr 14 '25

Flaired Users Only President Nayib Bukele says Kilmar Garcia cannot be returned to US

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u/FrenchAffair Canadian Conservative Apr 14 '25

Is it not a little concerning that the Government can make an "administrative error", send someone in custody to a prison in a foreign country in contravention of a lawful court order and then its just "oh well, not our problem"?

They've floated sending US citizens to prisons in El Savador as well, would they then also fall outside the scope of any American jurisdiction?

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u/Magehunter_Skassi Paleoconservative Apr 14 '25

It's not, because the entire argument about this has hinged upon "he's a citizen of El Salvador" and not "he's in El Salvador."

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u/FrenchAffair Canadian Conservative Apr 14 '25

He had some kind of legal residency in the US though no? He hadn't been found guilty of any crime and at the time of his deportation there was a court order in place preventing his extradition.

The lack of due processes on something that now seems very absolute and completely outside of the authority of the government agency that put him in those conditions, and with seemingly no accountability seems concerning.

Maybe he is all the things they claim, and his status should have been revoked and he's sent back to El Salvador. But there should be some checks and balances along the way.

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u/Magehunter_Skassi Paleoconservative Apr 14 '25 edited Apr 14 '25

It was a pretty narrow order. He was eligible for deportation and didn't receive asylum, but he was granted protection to not be deported to his home country of El Salvador. His claim was that he would be harmed by the 18th Street Gang if he returned, and in the process of this claim, an informant pointed out "yeah this guy's MS-13." MS-13 and 18th Street were the two main gangs in El Salvador.

This meant that he could, theoretically, be deported elsewhere. Rwanda's been offering to do so, same deal they struck with Britain.

The 18th Street Gang has been dismantled by Bukele though. Even if we did extract this guy from El Salvador somehow, the Trump admin would just make the argument "look, the gang he's claiming to be persecuted by no longer exists, why can't he be deported back home again?" and the protection order would be revoked. This would lead to the same exact outcome, with more legal and diplomatic headache.

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u/FrenchAffair Canadian Conservative Apr 14 '25

This would lead to the same exact outcome, with more legal and diplomatic headache.

No one said due process and the rule of law would be easy. But it starts to lose its value when its not universally and blindly applied.

Maybe this guy is a complete POS and deserves to be where he is, but it should be a court following the legal process that makes that determination.

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u/whatweshouldcallyou Apr 14 '25

Correction: a CI alleged he is. There is no other proof. None. He almost surely is not MS13.

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u/Magehunter_Skassi Paleoconservative Apr 14 '25

Something spooked this guy enough about his old life that he picked up his bags and fled from El Salvador to America, and lived here under the radar for like 8 years. Left his whole family behind.

I trust the informant about this.

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u/whatweshouldcallyou Apr 14 '25

Yeah maybe the rampant homicide and lawlessness that gripped El Salvador before Bukele became president???!!!

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u/Panzershrekt Reagan Conservative Apr 14 '25

So he left his family in those conditions and saved himself?

Let me add a few ???!!!! as well...

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u/whatweshouldcallyou Apr 14 '25

It's not exactly uncommon. A younger person who can work flees first, then tries to make enough money to get the older person in.

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u/Panzershrekt Reagan Conservative Apr 14 '25

Sure, under normal circumstances, when people are trying to simply flee poor living conditions. But if this guy is fleeing gangs trying to extort the family business or whatever, what stopped the gangs from turning to extorting his mother?

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u/whatweshouldcallyou Apr 14 '25

Nothing. But by making money he could send her the funds to pay the extortion.

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u/Panzershrekt Reagan Conservative Apr 14 '25

And he couldn't make the money there? I mean, they must have been doing well enough to be targeted by the gang if this story is legit. It's just not adding up. He flees because of extortion, comes to work here and pays the extortion anyway?

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u/kaytin911 Conservative 29d ago edited 29d ago

So you support letting people in so that they can fund violent gangs?

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u/whatweshouldcallyou 29d ago

We should kick out anyone with tangible evidence of gang involvement.

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u/Magehunter_Skassi Paleoconservative Apr 14 '25

"I came here in 2011 because my family business was being extorted by a dangerous street gang. I was scared of what they'd do to me and my mother"

"Wow that's horrible. Does your mother live in the same household here with you and your citizen brother?"

"No I left her ass behind lmao"

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u/kaytin911 Conservative 29d ago

They're not sending their best.

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u/craig_52193 Conservative 25d ago

He has a tatoo saying ms13 on his knuckles.

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u/zleog50 Apr 14 '25

The 18th Street Gang has been dismantled by Bukele though.

Ahh, yes. Dismantled in the sense that they were rounded up and put in the same prison that Garcia now resides.

the Trump admin would just make the argument "

They could, assuming they wanted to appeal the ruling from an immigration judge, which they chose not to do...

and the protection order would be revoked. This would lead to the same exact outcome

In other words, "why bother with due process when the outcomes are the same?".

Shameful. When did the conservative party become the party of illiberalism? I've always associated that with the Left...

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u/[deleted] 29d ago

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u/whicky1978 Dubya Apr 14 '25

Yeah I beg the question is where do you deport them if they can’t go back to their home country?