The Trump admin fought the order — over a man it sent to a prison in El Salvador in an "administrative error" — and lost at all three levels of federal courts.
Miracle of miracles… Justice Roberts has a conscience after all?!
I pray Mr. Abrego Garcia is very much alive and healthy, and safe. Having been forcefully taken, kidnapped by ICE agents and unbeknownst to his family and legal team Abrego Garcia was returned to a country he had to flee from several years ago. He was in grave danger of being killed at the time.
In what world does an innocent man get returned to the place that wants him to disappear, by the country he sought refuge in for no reason. If Mr Abrego Garcia is alive and is returned to the USA safely it is a miracle. Let’s pray he does for his sake, and that of his family.
Certain that of djtRuMp and his evil regime are prostrated, barely breathing in some corner of their ‘inner sanctum’…hoping Bukele and his evil honchos have not disappeared Abrego Garcia!
I still don't understand why no one has proposed that our stable genius master negotiator Art-of-the-Dealer in the WH can't just say to El Salvador "Hey, remember this is under a contract. You want to keep getting paid? Send him back."
A lot of mischief can happen after the District Court is cleared to "order" the return of Mr Abrego Garcia, like "not being located in the Salvadoran prison system" if and when the government "asks" for his return.
I mean, this crowd is perfectly capable of transmitting to El Salvador President Bukele that they "prefer" that Mr Abrego Garcia is said to have been "transferred, and his current location not immediately ascertained", etc.
The odds of the victim actually returning to the States intact and unscathed are near-zero, IMHO.
If he is not returned or if he is returned harmed it is proof that this “policy” should be outlawed and officials or bodies of justice repeat this outlawed “policy” they should be tried for breaking the law! We can’t accept this behavior from from our so-called “government”!
I would venture a guess that none of the detainees sent to the El Salvador prison had any access to habeas corpus and due process before being declared illegally as criminals. All should be returned to await trial and the UN should issue a declaration against such illegal and inhumane treatment.
I can see the court inching closer to the concept: "does presidential control over foreign policy include ignoring court orders (in this case the immigration judge order allowing Abrego Garcia to stay in the United States) either deliberately or negligently.
There isn't really any reason WHY there can't be some boundaries to "national security" actions when the actions do NOT involve his role as Commander in Chief over the actual military.
Part of that would be putting some boundaries on what an "emergency" can be. Yes, I know Congress can end an emergency with a joint resolution. But if Congress abdicates its responsibility to be a check and balance, should the court just say "Oh, guess we will, too?"
I'm so worried about the wiggle room afforded by "effectuate" and "deference." If Homan calls CECOT and says "we need you to find us this guy and bring him to the plane, wink wink" and CECOT says "we don't want to" because they took the hint... then what? I don't trust Homan any farther than I can throw him. And I'm pretty wimpy.
I was wondering if there was a road too far for Trump that even this SCOTUS couldn't stand it, and here it is. As it is, the conservatives just couldn't bring themselves to give the strongest pushback Trump needs to stop breaking the law.
But at least, it is some pushback. And we can hope that poor man (and the rest) are returned to the US.
I wonder if the issues raised by Abrego Garcia's counsel, in the (denied) request to file a sur-reply, will be used in the district court to cause further delay. I'm sure more delay will be what they will try to do. Had it been filed, maybe those issues would have been dealt with in this opinion, cutting them off at the pass. The longer this is delayed, the more I fear for Mr. Abrego Garcia.
Why couldn’t Noem fly Garcia back with her when she returned to the U.S.; she was already in Salvador on an inspection, presumably? Did anyone think of THAT?
Trump sent Abrego Garcia to El Salvator. El Salvador sent Abrego Garcia into the very hands of those he fled, Barrio 18. Is there any proof Abrego Garcia is still alive?
I did read the Vance article—the conservative majority contented itself with things, the minority with people; I agree that the majority is just too eager to kowtow and prop up that delusional autocrat.
I'm not a lawyer, but that's a different case (one assumes that most or all of the other trafficked prisoners in the other case were not El Salvadorean citizens covered by a court order that they NOT be sent to El Salvador).
It's easy to get confused, because the practice of grabbing people and throwing them on planes to El Salvador without due process in the other case is so similar.
Miracle of miracles… Justice Roberts has a conscience after all?!
I pray Mr. Abrego Garcia is very much alive and healthy, and safe. Having been forcefully taken, kidnapped by ICE agents and unbeknownst to his family and legal team Abrego Garcia was returned to a country he had to flee from several years ago. He was in grave danger of being killed at the time.
In what world does an innocent man get returned to the place that wants him to disappear, by the country he sought refuge in for no reason. If Mr Abrego Garcia is alive and is returned to the USA safely it is a miracle. Let’s pray he does for his sake, and that of his family.
Certain that of djtRuMp and his evil regime are prostrated, barely breathing in some corner of their ‘inner sanctum’…hoping Bukele and his evil honchos have not disappeared Abrego Garcia!
I still don't understand why no one has proposed that our stable genius master negotiator Art-of-the-Dealer in the WH can't just say to El Salvador "Hey, remember this is under a contract. You want to keep getting paid? Send him back."
I expect that would "effectuate" his release.
"Oopsie, we can't find him".
A lot of mischief can happen after the District Court is cleared to "order" the return of Mr Abrego Garcia, like "not being located in the Salvadoran prison system" if and when the government "asks" for his return.
I mean, this crowd is perfectly capable of transmitting to El Salvador President Bukele that they "prefer" that Mr Abrego Garcia is said to have been "transferred, and his current location not immediately ascertained", etc.
The odds of the victim actually returning to the States intact and unscathed are near-zero, IMHO.
If he is not returned or if he is returned harmed it is proof that this “policy” should be outlawed and officials or bodies of justice repeat this outlawed “policy” they should be tried for breaking the law! We can’t accept this behavior from from our so-called “government”!
I'm sure "unscathed" was rendered impossible on day one in El Salvador.
😭😭😭😭😭
This is my great fear.
Thank you once again for your clarification & timely updating on the illegal act by the Trump administration.
I would venture a guess that none of the detainees sent to the El Salvador prison had any access to habeas corpus and due process before being declared illegally as criminals. All should be returned to await trial and the UN should issue a declaration against such illegal and inhumane treatment.
I can see the court inching closer to the concept: "does presidential control over foreign policy include ignoring court orders (in this case the immigration judge order allowing Abrego Garcia to stay in the United States) either deliberately or negligently.
There isn't really any reason WHY there can't be some boundaries to "national security" actions when the actions do NOT involve his role as Commander in Chief over the actual military.
Part of that would be putting some boundaries on what an "emergency" can be. Yes, I know Congress can end an emergency with a joint resolution. But if Congress abdicates its responsibility to be a check and balance, should the court just say "Oh, guess we will, too?"
I'm so worried about the wiggle room afforded by "effectuate" and "deference." If Homan calls CECOT and says "we need you to find us this guy and bring him to the plane, wink wink" and CECOT says "we don't want to" because they took the hint... then what? I don't trust Homan any farther than I can throw him. And I'm pretty wimpy.
The court should order Homan to take up residence in CECOT genpop until he finds him.
I was wondering if there was a road too far for Trump that even this SCOTUS couldn't stand it, and here it is. As it is, the conservatives just couldn't bring themselves to give the strongest pushback Trump needs to stop breaking the law.
But at least, it is some pushback. And we can hope that poor man (and the rest) are returned to the US.
I wonder if the issues raised by Abrego Garcia's counsel, in the (denied) request to file a sur-reply, will be used in the district court to cause further delay. I'm sure more delay will be what they will try to do. Had it been filed, maybe those issues would have been dealt with in this opinion, cutting them off at the pass. The longer this is delayed, the more I fear for Mr. Abrego Garcia.
Why couldn’t Noem fly Garcia back with her when she returned to the U.S.; she was already in Salvador on an inspection, presumably? Did anyone think of THAT?
Thank you Chris. This
was an important ruling
from SCOTUS, no matter
the bushwa DoJ, ICE, HS
and any others will
throw at the wall. It will
be that much harder for
this regime to disappear
people; any people.
Please people, for the
sake of Mr Garcia, his
wife and children, keep
your thoughts on his
safe return.
Anyone else take little comfort in the USAID comparison? What movement has there been on that since SCOTUS ruled?
Sticking to the pattern recognition, this is the best likely result but not just not-good. It is concerning, if it goes like the USAID case.
Thanks Chris for this somewhat optimistic update. However, ALSO Breaking: Women may need to curtsy to vote: This from the gop monopoly in Washington DC via Dan Rather >> https://steady.substack.com/p/its-not-just-trump-destroying-democracy
If you will, please spread this far and wide as you possibly can. Don't expect anything from a complicit MSM, I mean those that are compromised.
Close to a 0% chance that gets 60 in the Senate
Other news > **Clarification in order: Joyce Vance White, former Fed prosecutor reports that the court 'did not' order ICE and trump to deliver Garcia; it merely asked for more info (private). So in other words, SCrOTUS curtsied and kissed the ring. For complete details, see her post. > https://joycevance.substack.com/p/the-supreme-court-finally-rules/comments?publication_id=607357&post_id=159002594&isFreemail=true&comments=true&action=post-comment
Trump sent Abrego Garcia to El Salvator. El Salvador sent Abrego Garcia into the very hands of those he fled, Barrio 18. Is there any proof Abrego Garcia is still alive?
No there is not. There is this from the SCrOTUS. Ie., I had to walk back my understanding that was further clarified by Joyce Vance, moments ago. See > **Clarification in order: Joyce Vance White, former Fed prosecutor reports that the court 'did not' order ICE and trump to deliver Garcia; it merely asked for more info (private). So in other words, SCrOTUS curtsied and kissed the ring. For complete details, see her post. > https://joycevance.substack.com/p/the-supreme-court-finally-rules/comments?publication_id=607357&post_id=159002594&isFreemail=true&comments=true&action=post-comment
I did read the Vance article—the conservative majority contented itself with things, the minority with people; I agree that the majority is just too eager to kowtow and prop up that delusional autocrat.
Trump and El Salvador dictator will make sure he never leaves alive. Guaranteed. Trump will kill rather than be upstaged.
And 'act' as though he was shot at. Everything with this sewer rat is performative.
Can you please explain what will happen to the others who were sent to this prison without due process? Will this get resolved soon? Thanks
I'm not a lawyer, but that's a different case (one assumes that most or all of the other trafficked prisoners in the other case were not El Salvadorean citizens covered by a court order that they NOT be sent to El Salvador).
It's easy to get confused, because the practice of grabbing people and throwing them on planes to El Salvador without due process in the other case is so similar.
It was still vague.