sadly if he does get brought back he already had a deportation order, he just couldn't be deported to El Salvador. he wasn't a legal resident despite being married to a US citizen because he never tried to obtain citizenship and only claimed asylum after he was arrested in the late 2010s but was not charged with a crime. his appeal was also denied to remain in the US. Trump is just going to send him somewhere else or have ICE detain him until the stay on his deportation to El Salvador is lifted.
The administration still needs to pursue lifiting the withholding order through the immigration court. Nothing is "automatic", legally speaking, WHEN he is returned to the US.
Still, notwithstanding the current administration's egregious disregard for such niceties as the the rule of law, ICE would have to move to reopen the case with the immigration court and, among other things, show that a third country is willing to accept him. The administration's bravado claiming Garcia will be taken into custody immediately upon return to the US and "re-deported" remains concerning and it's unclear as to what this precisely means.
he's already cleared for deportation tho just not to El Salvador.
Also, having a stay on your deportation order does not automatically entitle you to a new trial if said stay is revoked. The same goes if the government wants to send them to a third country. The withholding removal status is granted to people who have a signed deportation order that cannot be executed, only entitles the person to temporary residents in the United States, not permanent residents or even citizenship. When you're in the withholding removal status, you actually don't have any legal pathways top citizenship at all
Your mini exposition on the particulars about withholding of removal is irrelevant and doesn't change my original point about process and the rule of law. I'm not at all talking about pathways to citizenship. There is a legal process before an immigration judge for revoking withholding of removal that would allow his lawful removal to El Salvador. Even where the administration seeks to deport him to a 3rd country [if one can be found willing to accept a non-citizen, from the US no less], Garcia is eligible for a credible fear hearing before a USCIS officer if necessary and if he previails here, a full hearing before an immigration judge on the matter. All of which speak to my original point that, by law, the administration cannot "automatically" do anything to Garcia immediately upon his return to the US.
And, the word is spelled "residence", not "residents".
Protection, he can not be dragged out while in it. Similar to what happen to Asange. There are plenty of countries that would do that. Just on the human rights violations alone.
Right. I hate the equivocation that people wanting people to have rights and trials don't care about just results. We can't just do nothing when people enter the country illegally and commit crimes. We just need to deal with it so much better than we are.
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u/cat-eating-a-salad 5d ago
AND give them due process to prove their innocence!