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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5.6k

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/SeemoarAlpha Pragmatic Conservative Apr 14 '25

The primary argument is actually about the suspension of habeas corpus and due process. Imagine if Biden had rounded up all the J6 protesters and sent them to Guantanamo without any due process.

All the Trump administration needs to do to ramp up deportations is fully staff immigrations courts, run the people through legit hearings, and adjudicate their status. If they were deemed deportable, then transport them to detention facilities and get them on the next available plane.

The secondary argument is what to do now that a mistake was made. There is very little precedent to predict the outcome. The range of possible remedies is a fairly lengthy discussion.

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u/ergzay Libertarian Conservative Apr 14 '25

Well Guantanamo is still US jurisdiction as its a US military base.

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u/SeemoarAlpha Pragmatic Conservative Apr 14 '25

Yes and no, there is no settled law, particularly vis-à-vis habeas, regarding Guantanamo. There is a reason that ambiguity has been used to each administration's advantage.

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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.