Illegal Deportation Express to El Salvador
A Trump Administration "Error"
Kilmar Abrego Garcia languishes in El Salvador after he was wrongfully detained by immigration agents and shipped there on March 15 under the Alien Enemies Act. Suspected of being a member of MS-13 — without evidence proving such — he was arrested in Maryland where he resided with his American wife and children and taken into custody. As of now there is no proof a legal warrant issued for his arrest. His deportation went through without Abrego Garcia having access to due process under United States law.
The Trump administration shipped him to Texas. Joining hundreds of Venezuelan migrants who were then flown to El Salvador. They’re suspected members of the Venezuelan Tren de Aragua (TdA) gang. A claim unproven to date. A 60 Minutes report found that of the 238 Venezuelan migrants flown to El Salvador’s Terrorism Confinement Prison (CECOT) by the Trump administration, 75% - 179 men - don’t have criminal convictions or charges.
Abrego Garcia is believed to be at the facility. A State Department report filed on Saturday, April 12, confirmed him to be “alive and secure” at CECOT. Abrego Garcia’s legal team responded, “We are incredulous. Twenty-four (24) more hours and still no answers as to what they’ve done so far, and what they’re planning to do going forward to carry out the Supreme Court’s ruling.”
On Thursday evening of April 10, the Supreme Court unanimously upheld the ruling of a Maryland federal district court, 9-0. Describing Abrego Garcia’s deportation as “illegal.” The directive is clear to the Trump administration: Abrego Garcia must be returned to the U.S. as soon as possible.
Abrego Garcia has protected legal status to be in the United States. He has no criminal record in the United States. He’s lived, worked, and raised a family in the U.S. for nearly 14 years.
On March 31, a U.S. Immigration and Customs Enforcement (ICE) official admitted in a sworn declaration that the deportation was an “administrative error.”
The Trump attorneys at the Department of Justice failed to corroborate the gang affiliation of Mr. Abrego Garcia to U.S. District Judge Paula Xinis, an Obama appointee. In response she ordered the Trump administration to effectuate Abrego Garcia’s return to the United States last week. Meaning, the Trump administration needs to facilitate his release and fly him back to the U.S.
In legal filings the Trump administration argued that because Abrego Garcia is no longer in U.S. custody, the courts cannot order him to be returned to the U.S. nor order El Salvador to return him. The administration admitted the error but are not rushing to fix it.
Judge Xinis ordered the Justice Department to provide her with “daily updates” on their efforts to complete his return, including his exact whereabouts in El Salvador, what the U.S. government has done to facilitate his return and what the government is doing in adherence to the court order to return him.
The DOJ lawyers failed to supply any explanations pleasing to the judge.
Will the Trump administration comply with this order? As of Friday morning, they’re being evasive with any information to prove they will be.
Back in 2019, Prince George’s County Police Department (of Maryland) arrested Abrego Garcia outside of a Home Depot. He was accused of being in MS-13. An allegation he denied. He wasn’t charged with a crime by the police but he was later detained by ICE. He was soon released. A U.S. immigration judge shielded him from deportation to El Salvador, where he was born, as he would likely face physical danger from local gangs that terrorized his family.
By deporting him to El Salvador last month the Trump administration violated a court order not to send him there. Specifically.
Legal deportations for anyone in the U.S. must be processed legally.
From the Supreme Court in an unrelated case:
“Legal deportations can not be carried out without proper due process in each case with each person threatened with deportation being allowed to present their case and be heard before they are deported.”
Abrego Garcia wasn’t subject to the above treatment. Since Garcia is in the U.S. legally can he be “deported” at all? Without any proof that he violated any law? Deportation is a legal term connected to those within the borders of a country illegally; a noncitizen in violation of local immigration laws.
Supreme Court Justice Sonia Sotomayor wrote in the case transcript on April 10:
“The Government now requests an order from the Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadorian prison for no reason recognized by the law. The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong… The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene.”
The Trump administration is arguing to the Supreme Court that they can capture and remove anyone from the country. Including legally protected persons, those with green cards, student with visas, and United States citizens.
Can U.S. citizens can be jettisoned anywhere? Not by any current laws.
The Trump administration is financing prisons in El Salvador. Now. Salvadoran President Nayib Bukele has offered to accept U.S. deportees of any nationality, as well as violent U.S. citizens currently serving time. President Donald Trump views the offer as a “generous” one.
Democracies do not function this way.
King George III, who was the human accelerant that led to the creation of the Declaration of Independence, arrested his opposition and shipped them to all parts of the known world (at the time) to be put on trial. On charges devoid of merit. Thirteen colonies coalesced to break away from such severe behavior.
It is glaring that Trump wants to send away anyone that he chooses. Legally or not. This is not the standard operating procedure in societies that are governed under a democracy. When the head of state conducts himself without restraint, he is not working inside of the boundaries of democracy.
After Adolf Hitler took complete power in August 1934, he targeted political enemies. He focused on those that spoke ill of his leadership and his politics. He remembered the pockets of resistance that stood firm against his regime. He surveilled communities that he would later terrorize. Reporters weren’t free to write the truth about the Nazi Party. It was propaganda — or escape the expansive borders of a Germany increasing its might across Europe. Only those loyal to him were safe…until they weren’t. Hitler also had an administration that sought dominion over the education of the country. Which Trump is doing. Now.
Hitler also wanted particular peoples banished from Germany. Those that he deemed to be less and undesirable. He shuttled them to prisons. Others went to work camps to never return.
Democracies do not function this way.
What if a reporter from the Associated Press, MSNBC, or anyone with an internet connection criticizes Trump? A lawyer? A doctor questioning his health policies on a podcast? An independent journalist alerting their readers to the real threat that Trump poses to Americans?
This is setting the stage for the president to remove anyone — and have a luxurious landing place for them. What crime would he face? The same Supreme Court granted him immunity for “official acts.”
This is a hideous mistake of the Trump administration and an innocent man waits to do…what?
Remember, the Supreme Court does not have a way of enforcing a ruling. There are no agents, officers, or police connected to their branch of government. They don’t have boots on the ground to apprehend those in defiance of any decision they hand out. They’re depending on simple decency to compel President Trump to comply. To correct the mistakes of those that he empowers to act for him.
Decency.
On Tuesday April 1, White House Press Secretary Karoline Leavitt said, "The administration maintains the position that this individual who was deported to El Salvador and will not be returning to our country was a member of the brutal and vicious MS-13 gang." This was already proven to be incorrect a full day earlier. It’s an indication that the administration is ready to challenge any court.
When Americans were presented with the choice of a reasonable alternative, 49.9% of voters selected this administration.