cross-posted from: https://lemmy.world/post/28329298
The White House has dug in on its refusal to return a man who US officials have acknowledged was wrongly deported last month to an El Salvador mega-prison.
Press secretary Karoline Leavitt doubled down on accusations that Salvadoran national Kilmar Ábrego García was a member of the MS-13 gang.
Leavitt also accused the 29-year-old of domestic violence, citing records showing his US citizen wife once filed a protective order against him.
A Maryland judge has ordered President Donald Trump’s administration to bring Mr Ábrego García back to the US. But El Salvador President Nayib Bukele said on a visit to the White House this week that he did not “have the power” to return him.
Why would I be upset that he wasn’t charged for a criminal violation when it’s a civil dispute? He’s already seen a judge and was cleared for deportation which is a civil process.
He’s in prison.
Did you ever read that part of the constitution that requires due before being deprived of life, liberty or property?
He has not been convicted of any crime, yet he was taken from a country and imprisoned. “Due process” granted him asylum in the US, yet he is now imprisoned in a country where his life is in danger.
If you aren’t upset about this, you either aren’t paying attention, or you are complicit.
He did not have asylum. He was denied asylum. He had a deportation order.
He had no valid deportation order. He had a valid judgment from 2019 ordering that he not be deported.
This is not disputed by the administration. They admitted in court that they violated the asylum order. You have no legitimate basis to be making that claim.
That is false. He has a deportation order. He just couldn’t be deported to El Salvador. He could be sent anywhere else if they agreed to take him. That’s what is being fought in court.
The reason he can’t be sent to El Salvador is because of his connections to gangs.
There was no deportation order. There was a withholding order: and order prohibiting his deportation.
It is a human rights violation, as well as a violation of US and international law, to “deport” someone to a third party nation. What you are describing is completely unlawful for both the US and the hypothetical third-party nation.
There was no deportation order. Deportation is a criminal justice matter and can only be ordered by a judge. Trump invoked the alien enemies act specifically so he could repatriate (not deport) “enemy” aliens without involving the courts. He wants to treat immigrants as enemy combatants; invaders that can be dealt with by the military as combatants or POWs rather than as criminal defendants in court. Here, he fucked up because this person already had a withholding order permitting his presence.
You don’t understand what a withholding order is. It prevents his return to El Salvador. It does not stop a deportation. If a third party agrees to take him; they can send him there.
Illegal immigrants should be deported. Since this man is tied to gangs, he should have been deported years ago
You got me. It’s taken me this long to realize you’re trolling. Good job.
I’m not trolling. You just don’t understand the law. It’s clearly in the court order. The courts have already determined he’s affiliated with ms-13. That is why he was given an order to prevent his return to El Salvador. If he’s not part of a gang we he’s claiming now then there is no reason not to send him to El Salvador. So either he’s a gang member and needs to be deported elsewhere or he’s not a gang member and he can stay in El Salvador.
We have laws for a reason and those who don’t fallow them should be deported.
You’re gonna need to source that one.
https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
Did you actually read that? It states explicitly that the deportation was illegal and the government’s excuses are bullshit. It was a 9-0 decision. There’s no room for interpretation on this one.
I did. Read the section about if he needs to come back. He doesn’t. They have no obligation to bring him back. They just can’t leave him in El Salvador.
First, they were ordered to process him as they would normally. Second, go back and read my first comment again. They did something illegal, they admitted to doing something illegal, the supreme court ordered them to follow the law, they said “whoops, nah.”
And you see no problem with this because…?
You literally just proved this wrong yourself. He was deported before this process even began.
That is incorrect. He was already denied asylum and approved for deportation in 2019.
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