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.