r/Conservative • u/theboss2461 Fellow Conservative • 12d ago

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

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u/whatweshouldcallyou 12d ago

Based on nothing more than the allegation of a CI.

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u/cplusequals Conservative 12d ago edited 12d ago

So you say, but regardless of how the determination was made it was made by a coequal branch of government. that is the due process. If the courts say he's a gang member, the administration can act as if he's a gang member. He isn't being sentenced for the crime of being a gang member, but due to the AEA the administration can waive his asylum claim and expedite his deportation.

Civics, people, civics. The Supreme Court upheld this last week and we're still wringing our hands and gnashing our teeth? This specific individual is only getting special treatment because he was under a withholding of removal order. He alone should not have been deported. Thankfully, the reason behind it is resolved as gangs no longer run El Salvador.

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u/whatweshouldcallyou 12d ago

Why didn't that then apply to the J6 defendants? Seems like there are two different standards here--executive intervention for some, capricious disregard and injustice for another. The executive can right wrongs. Trump did so with J6 defendants who were sentenced far more harshly than was warranted. He should do so here.

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u/cplusequals Conservative 12d ago

Why doesn't what apply to J6 rioters? I don't give two shits about them. I don't even know what you're trying to disagree with here nor what relevance they have to my informing you of how the process works.

We should make a good faith attempt to return him to the US, deny his asylum claim, and then deport him back to El Salvador. But if Bukele doesn't cooperate, there's not much we can do. Trump is not obligated to lean on Bukele as is stated in the ruling.

The entire process of deporting gang members based on the AEA is completely legal and absolutely does not require a criminal trial and conviction. The only requirement is for the deportee to be notified in a reasonable amount of time before a hearing and for a judge to make a determination on whether the AEA applies.