Since we’re using El Salvador like it’s a new Gitmo. Like yes, it would still suck for the people from El Salvador.
But at least people from other countries would go back to their home country. Presumably to be treated far better than El Salvador.
Do you remember how prisoners were kept in Guantanamo Bay, even after they were no longer suspected of any wrongdoing, simply because there wasn’t a country that would both accept them and treat them in accordance with US law? Many of those prisoners ended up nowhere near where they came from.
Some countries refuse to accept deportees. Some countries are so likely to mistreat deportees that sending them to those countries is illegal. Some countries simply don’t exist anymore.
The fucking thought that Americans feel superior enough to not allow another country to take them…in this case from their extra judicial torture black site.
Because both Houses of Congress are controlled by Republicans who are 100% in support of everything the regime is doing.
Because our laws only protect the wealthy, enforce racism, sexism and are getting worse and more genocidal in real time
I mean, ignoring the law is this administration’s whole thing, so it wouldn’t matter. Also, as we’ve seen in the UK as well as the US, many targetted individuals have never even been to “their own country”.
Because congress is complicit
Because Congress doesn’t care about the well-being of those people. Why else would this nuance be inserted into the law?
Congress recently passed a law that allows people to be deported without due process. They’re not trying to stop him…they’re actively helping him.
…what? I need a source for this, please. 😧
It’s called the “Laken Riley Act”, and it allows for the deportation of people who have simply been “charged” with a criminal offense. They don’t have to be tried or convicted…just officially accused.
Why isn’t rape or assault in there >.> Not that I agree with this to begin with but still
Because then they’d have to deport most Republican lawmakers.
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Laws don’t matter. The government is breaking laws left, right and centre.
Because then they wouldn’t be able to deport actual US citizens who aren’t the right color. I mean, if they actually respected the rule of law and weren’t already breaking dozens of them.
Republicans don’t care.
To the current constitution-violating republican administration, none of this matters and the cruelty is part of it. That said, let’s play a game:
- what is the country of someone who grew up in the US, possibly speaking only English?
- what happens if the country is inaccessible for some reason (countries occasionally collapse or close borders)
- what happens if the borders of the country change and the person’s hometown (or all their family) is now in country X instead of their country of birth Y
There are probably more weird edge cases that would need to be in any law as well.
Also, if someone claims asylum, international law explicitly forbids sending them back to their country (not that international law has any bearing whatsoever on this but y’know, add a layer on top)
I don’t know what the US congress is any more, but in other countries it’s because they really really want to expel someone and the deportee’s home country might say “no thanks, they’re your problem”.
In case of the US they’ll ask “Oh? You reject him? You and what army?”
You can’t really deny the US much, y’know.
Unfortunately for Kilmar Abrego Garcia, he is from El Salvador and in 2019, an immigration judge granted him withholding of removal status due to the danger he faced from gang violence if he returned to El Salvador.
Right. That is why the Administration position on this has some merit which the courts need to defer to. As an El Salvadoran who is back in his home country, the US cannot compel his release. All the US can do is ask nicely.
But, they haven’t even done that. Which is why the courts are so pissed. They know all this, and they know that all the administration has to do is prove they asked, in good faith. They won’t even go that far. They did that performative thing where the El Salvadoran President said “We won’t send him back since he’s a criminal”, but the courts in the US don’t consider him a criminal.
There is no better definition of “contempt of court” then what the US is doing right now.
I know you’re not defending the administration, but I wouldn’t consider the administration’s position to have any merit. They sent him to the prison and are paying for him to be imprisoned there. Giving them an inch of credibility on technicalities just means they’ll continue to do what they’re doing.
But that’s the Court’s job, to look at all the technicalities. The Administration sent him there “erroneously”, but since he is there now neither US courts nor the administration can compel his release. The Courts need to acknowledge that, while also acknowledging that the Administration likely did it this way on purpose, and the whole “administrative error” thing is a crock of shit. But they can’t come out and say that. And that gives Trump a wedge to split the whole thing apart.
Fascists are good at using the fact that their opponents need to uphold the law against them.
Fascists are good at using the fact that their opponents need to uphold the law against them.
Your comment is correct as much as I hate it. But to the quoted portion, their opponents don’t need to. They choose to. And it drives me insane that they think that we can operate within the system the fascists are actively ignoring to fix this. The “normal way” things are done is gone, it’s time to stand firm and take action.
Well, justice is supposed to be blind, isn’t it? It’s supposed to deal with everything in a neutral manner. The Court is not supposed to pick sides, and they must operate within the system, because their legitimacy comes from it.
Other institutions may have more flexibility…
I agree, but courts have been partisan for a while. See judge Cannon’s handling of Trumps documents case and the supreme Courts handling of his freaking insurrection.
I understand the way things are supposed to be. But it’s not the way they are. Courts are going to have to decide which side of history they are on.
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