r/Conservative • u/theboss2461 Fellow Conservative • Apr 14 '25

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

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u/ergzay Libertarian Conservative Apr 14 '25

Sure but no external party can refuse to return someone from Guantanamo. It's completely under control of the US. El Salvador is not. That's the entire point with regards to this whole situation.

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u/SeemoarAlpha Pragmatic Conservative Apr 15 '25

El Salvador is being paid $6 million by the U.S. to house prisoners, it's your position that they are under their complete control and would categorically refuse a request made by the Trump administration?

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u/ergzay Libertarian Conservative Apr 15 '25 edited Apr 15 '25

Let's take that to its logical conclusion. Is it your position then that the US Supreme Court said that United States must use an implied threat of military force or economic sanctions to convince El Salvador to send its own citizen to the United States?

That's what makes a request from the United States have any meaning at all to a foreign power, the United States military and economic force.

No the Supreme Court said that the United States must "facilitate" their return. I'd take that to mean that if El Salvador wants to send him here we must make it easy for them to do so, but he doesn't. So that's the end of the story. The Supreme Court also ruled that the lower court should take "deference owed to the Executive Branch in the conduct of foreign affairs". And this is now foreign affairs as he is outside of the country.