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.

  • Rivalarrival@lemmy.today
    link
    fedilink
    English
    arrow-up
    6
    ·
    4 days ago

    There was no deportation order. There was a withholding order: and order prohibiting his deportation.

    He could be sent anywhere else if they agreed to take him.

    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.

    • Chucklestheclown@hilariouschaos.comM
      link
      fedilink
      English
      arrow-up
      1
      arrow-down
      9
      ·
      4 days ago

      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

        • Chucklestheclown@hilariouschaos.comM
          link
          fedilink
          English
          arrow-up
          1
          arrow-down
          10
          ·
          4 days ago

          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.