On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Government to "facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7." ...
The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs....
That's what you call "minimalism."
Posts
121 comments:
Man, they said we better
Facilitate the positive
Effectuate the negative
Latch on to the affirmative
Don't mess with Mr. In-Between
No, do not mess with Mr. In-Between!
Do you hear me, hmm?
It will be really interesting if he is brought back and presented in court.
Then, in court, the govt is able to show that he really is MS-13.
Assuming he is.
Is the dude not Salvadorean? Is he not in the US on temporary status because of violence in El Salvador. The violence no longer exists in El Salvador so the reason for his temporary US status is over.
Bring him back, hold the hearing. If found not MS-13, deport him back to El Salvador, let the Salvadorans decide what to do with him.
John Henry
Dear Progressives,
Pretty please with sugar on top, keep prioritizing MS-13 gang members. Whatever you do don't stop until you've rescued them all. Those people telling you it's not a good look? Screw 'em, you're doing the lord's work...whichever lord you happen to be worshipping right now.
Make it your mission in life,
The 73% Of Americans That Want Garcia Gone
In simpler words, does this mean that the judge said we have to bring him back while SCOTUS said we have to try to bring him back?
Could the court enjoin the US from making any payment to El Salvador for prisoner upkeep unless and until El Salvador returns Plaintiff to US custody?
Right deportation, wrong destination.
Pride and prejudice.
Can't believe this had to go to the Supreme Court.
Skipping past the fifth amendment is the scariest thing the Trump administration has done. Off in shackles you go without having been convicted of a crime in any country.
So much political rhetoric about how Garcia being part of multiple terrorist organizations. None of it matters if he doesn't get his day in court. Without that basic human right how can anyone build more than a simple sand castle in the US
All the anti-rule-of-law posters here claiming the president can deport whoever he wants without judicial oversight... how will they recover?
My reasons for pettiness aside, good for Abrego Garcia, and ignominy forever for Rubio and Bondi for putting their names to this.
Oh. I get it. Democrats allowed millions into the country illegally. If the Executive Branch is to deport them each of them is to be afforded a full blown hearing, preferably in front of a Democrat judge and attended by an ACLU or Soros-funded lawyer. As a former law clerk to a federal judge it pains me to say this, but if this is the position of the federal courts, it is time the other branches rendered them irrelevant!
Give them whatever they want. Bring him back, release him. I give it 60 days until it becomes a major win for Trump's deportation when this guy rapes or kills someone here. Terrible way to win an argument, but the left loves backfires.
So he doesn't have to be returned to the U.S. An immigration judge can be sent to Salvador to adjudicate and get him returned to Salvador. Due process. Right?
Ann Althouse writes: "The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs...."
Roberts is playing a cagey game. Yes, the order requires the government to try to bring this person back, but ends with a cryptic requirement for the district court to rewrite its order in a way that supposedly respects the power of the executive and does not use words like "effectuate."
This is not a victory for democracy or constitutional rights. It's an invitation to further obstruction and delays on the part of the federal government who will now undoubtedly challenge the next order using this fake language. Roberts is encouraging word games.
Roberts is not prepared yet to fully unmask, but he is edging his way towards MAGA's rubber stamp.
Roberts has an amazingly difficult job here -- and he’s got one whether he wants it or not.
The executive is claiming unconstitutional powers and it’s the Court’s job to police that. Period.
What he did here is the same as when his judges were threatened and doxed by Trump and Musk earlier this year -- he left them swinging in the wind. Sure, he issued a generic statement then about how appeals were preferable to doxing. Strong stuff. And here, he suggested the district court had failed in its wording -- but offered no guidance as to what magic language actually would pass muster. Instead the district court judge must play “guess the magic words”. All that instead of laying out clearly where the lines are and what the executive must do.
He is not protecting the court. He’s failing to do his job.
Pretty please with sugar on top, keep prioritizing MS-13 gang members. Whatever you do don't stop until you've rescued them all. Those people telling you it's not a good look?
Apparently, you are missing the issue here. While I have no sympathy for MS-13 members, the concern is the lack of any due process.
In fact, in this particular case, the administration admits that they made a mistake and had no evidence that he was a gang member. "Fuck it, we made a mistake but we aren't going to try and rectify it", is not the way a civilized society should work.
Facilitate is to insurance, as effectuate is to health.
Facilitate is to sex, as effectuate is to conception.
Roberts has an amazingly difficult job here -- and he’s got one whether he wants it or not.
If Roberts' job is difficult, it was made difficult by his own actions. He has no one to blame but himself (well, maybe Kavanaugh, Thomas and Alito).
@Fredo, non-citizens in this country should not be afforded the same rights as citizens, are not afforded many of the same rights as citizens, and most especially after said non-citizen violated the law just to get here. I'm not the slightest bit concerned about any illegal's right to due process after the feds ran roughshod over the rights of thousands of J6 protestors. The vast majority of the world's countries do not play this game, and it is time for the USA to do the same.
In the end, the administration may play nice with this one to demonstrate good faith, but they won't get anything back for it. Trump knows this better than anyone.
Kak (11 AM): “All the anti-rule-of-law posters here ….” Don’t think for a second despite the virtue signaling that people of this ilk fail to understand what will happen to the rule of law as the courts are overwhelmed by litigating millions of deportations or the government is forced to ignore the illegal immigrants.
It's not at all clear how the US government is to "facilitate" a criminal being released from a foreign prison and sent to the US. Send in the marines? Perhaps the DOJ could arrange to parachute some federal justices into El Salvador.
@ Hombre: Disagree. He noted that the court must do better but offers no guidance as to what “better” would be. This is an invitation to the government to challenge any and all language again. Nothing more.
Here, instead of firmly telling the lower court what is required, he gave the plaintiff a win — and then asked the lower court to guess what language to use to "effectuate" change.
"Democrats Cheering MS-13 Gang Member’s Return Missed a Key Detail in SCOTUS Ruling."
If you are here illegally - no due process is owed to you.
“hombre said...
Oh. I get it. Democrats allowed millions into the country illegally. If the Executive Branch is to deport them each of them is to be afforded a full blown hearing, preferably in front of a Democrat judge and attended by an ACLU or Soros-funded lawyer. As a former law clerk to a federal judge it pains me to say this, but if this is the position of the federal courts, it is time the other branches rendered them irrelevant!”
That was EXACTLY the plan. Bring in 20million illegals then use lawfare to keep them and get them the vote. And if Kamala had won, it would be another 20million. Just like Europe
If you are a legal MS-13 gang - here is the ACLU's phone number.
Dems love you!
non-citizens in this country should not be afforded the same rights as citizens
And exactly where in the constitution do you find this bullshit?
It is informative to read Kak and Freder here rooting for an interpretation of law that will support the Democrat agenda - millions of illegals. This an 80-20 issue that the Administration must lay at the Dems doorstep. First they brought them in. Now they oppose getting them out. Good stuff!
The Congress must define “due process” for deportation in restrictive terms if we are to expel the invaders.
"While I have no sympathy for MS-13 members, the concern is the lack of any due process...."
Unlike the highly-processed way that he was escorted up past the Darien Gap with his luggage toted for him, and trotted over the border to the nearest CBP agent who was instructed to sign him in, and pay no attention to those tattoos, racist.
“It is informative to read Kak and Freder here rooting for an interpretation of law that will support the Democrat agenda - millions of illegals.”
I disagree—we are here to support the US Constitution.
It would be fine if Trump wanted to just deport alleged criminals who are undocumented rather than trying to convict them of their crimes in court. He's not. He wants to send them to Bukele's prison. He's trying to use Bukele to circumvent U.S. law. That's unconstitutional.
The government cannot use outside parties — whether in the U.S. or abroad — to do things that would be unconstitutional if the U.S. did them itself (like imprison a noncombatant for life without ever giving them a fair trial).
“non-citizens in this country should not be afforded the same rights as citizens”
Check the rights of non-citizens to purchase firearms
Hombre—So if the next Democratic president has you detained and packed off to a foreign prison in the middle of the night, for no reason except that he doesn’t like your hairstyle, and your lawyers go to court to get you back, the government can say, “Sorry, we didn’t have any good reason to do that, but it’s no longer our problem, Mr. Hombre is no longer under our control, tough luck,” and courts should do nothing. Do I have that right?
Check the rights of non-citizens to purchase firearms
I did, and legal permanent residents are indeed allowed to purchase and possess firearms.
What is your point. I realize the President has decided that permanent residents do not have 1st amendment rights, but he is most likely dead wrong about that.
It is informative to read Kak and Freder here rooting for an interpretation of law that will support the Democrat agenda
I am just looking for an interpretation of the law that doesn't violate the plain words of the constitution. It is ironic that you are now accusing progressives of being those advocating for originalism.
It sounds like how Americans were treated during the Democratic crusades but with a better basis in evidence. How babies are treated in clinics but with a firmer establishment of a criminal "burden". American Civil Liberties Unburdened?
"things that would be unconstitutional if the U.S. did them itself (like imprison a noncombatant for life without ever giving them a fair trial)."
now do things like:
killing a US citizen with a Hellfire missile; without so much as a charge, let alone an arrest, let alone a fair trial..
Of course, that was under Barry O'Bama.. so it must have been alright
He has already been given due process. An immigration court found he is in the country illegally and a member of a criminal gang, MS-13. MS-13 is now designated a terrorist organization.The immigration court ordered his removal from the US. The immigration court then stayed his removal because he is a member of MS-13 and his life would be in danger if returned to El Salvador.
So if he just a poor slob caught in the system then he gets deported to El Salvador.
If he is a member of a designated terrorist group, then he gets sent back El Salvador.
All this drama for nothing.
A link at Instapundit points out that Fed. R. of Civ. Proc. 65(c) requires that before any restraining order or TRO issues from District Court petitioners must to post “security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.” Does anybody believe these Democrat judges are requiring this before any of these TROs issue against Trump, et al.
Start SCREAMING the obvious:
Congress has FAILED in its job to regulate immigration. They should go into Special Session, and come out with some kind of policy to properly process people knocking on our door, AND to properly admit/kick out those who came in under the "no policy/look the other way" immigration policies of the past decades...
If Congress would do their damned job already, it would not fall to 1) employers 2)school districts in lesser funded areas where the newcomers invariably settle 2)local mayors and city/county governments, including sheriff's departments 3) the executive branch 4) the courts, all the way up to SCOTUS, to come up with a million different ideas of what these newcomers are owed, if anything, in terms of rights that American citizens enjoy.
They broke it, they have the power to fix it. Right now, we're still treating the symptoms of a lack of comprehensive immigration policy, while our elected branch/Congress refuses to address the issue, today. Too damned busy doing "show" hearings. Still won't do their job. That's why everybody else and their brother feels entitled to step up and interpret the laws as they wish....
Not a good look. Hammer out a workable solution: then either kick them all out, or make citizens of some of the more productive WORKERS (don't do it by family status; that just encourages babies, babies, babies! from those who can least afford to care for them.) Maybe make an English requirement; or you have to have a job lined up, or a "sponsor" coming in to get admitted, stay put here.
It's going to get ugly in years to come as we have less and less to go around, and sadly people will start taking the law(s) into their own hands...
Why is it so hard to blame Congress for the mess we are in, and ask them them to step up and fix it, so we don't involve the courts, the executive branch, local governments, neighbors, etc. to willy nilly provide "help" to some, but not all, as the particular decision-maker sees fit...
Don't we have our hands full helping to take care of our own citizens today? Maybe... stop with all the foreign wars and foreign government interferences that have helped create all these refugees who allegedly have no "homeland" to return to? Oy!
What if they can't find him down there in the Salvadorean prison system? Let him go into the countryside to disappear (do not kill him!) and the problem is solved, no? He would be alive, out of prison, and living by his wits, and it would not set a precedent that "you get to stay in America; we will give 'due process' appeals rights to all those who overstay a visa, come in under bogus 'refugee status' claims, or have a sympathetic family-ish story now, whether they've committed crimes here or not.)
Set the rules and follow them, period. Why is this hard?
Freder Frederson said...
Check the rights of non-citizens to purchase firearms
I did, and legal permanent residents are indeed allowed to purchase and possess firearms.
--------
Yeah, let's get that rule changed too, asap.
If you haven't fully assimilated to the American way, no guns for you!
Why all the concern for due process for this illegal alien, and none for the J6 defendants, who were forced to wait years for their day in court? The Dems have no business lecturing about due process….
Kilmar Armando Abrego Garcia is not a lawful permanent resident of the United States. He entered the U.S. illegally in 2011 and was granted a "withholding of removal" order in 2019, which protected him from deportation to El Salvador due to the likelihood of persecution there. This status allowed him to live and work in the U.S. legally but does not confer permanent residency or a path to it.
He has already been given due process. An immigration court found he is in the country illegally and a member of a criminal gang, MS-13. MS-13 is now designated a terrorist organization.
Well you are just wrong about that, and the truth is the exact opposite of what you are contending. Read the link Althouse provided.
Here is a pertinent part of the decision in case you just refuse to accept reality:
"The Government remains bound by an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador because he faced a “clear probability of future persecution” there and “demonstrated that [El Salvador’s] authorities were and would be unable or unwilling to protect him.”"
This is a tort issue. The guy can sue if he's been damaged and recover it, if the jury thinks so.
@FF
Non citizens do not have the same rights as citizens. Legal permanent residents are a subset of non citizens in the US.
I cannot understand why the Trump Administration isn't running all their decisions first through the nation's 635 district court judges, who have the power to stop anything that the Executive Branch of government does through Article II of the US Constitution, which plainly says that the Executive can't do it if some judge anywhere in the country is a Democrat.
Effectuate is not the right word because the Trump administration cannot unilaterally make this happen. Don't forget that this guy is under another country's jurisdiction now. All they can do is negotiate for his return.
Effectuate: "put into force or operation."
Freder Frederson said, "And exactly where in the constitution do you find this bullshit?"
Someone doesn't understand what "should" means.
You got to facilitate the effectuate. Everybody knows that.
(Now I'll review the comments in hopes that nobody has said it already.)
Freder. Your mistake was to rely on the writings of Sotomayor. Read the briefing in the case.
"Ensuing proceedings established that Abrego Garcia was a ranking member of the deadly MS-13 gang and thus presented a danger to the community. Soon after he was detained, Abrego Garcia requested a bond hearing before an immigration judge (IJ). App., infra, 1a. At the hearing, DHS presented evidence that Abrego Garcia had been “arrested in the company of other ranking gang members” and had been “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source.” Id. at 2a. The IJ agreed that the “evidence show[ed] that [Abrego Garcia] is a verified member of MS-13.” Ibid. The IJ specifically cited “the fact that a ‘past, proven, and reliable source of information’ [had] verified [Abrego Garcia’s] gang membership, rank, and gang name.” Id. at 3a. And the IJ noted that Abrego Garcia had “failed to present evidence to rebut th[e] assertion” that he “is a gang member.”
Re: Freder Frederson:
The Government remains bound by an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador because he faced a “clear probability of future persecution” there and “demonstrated that [El Salvador’s] authorities were and would be unable or unwilling to protect him.”
I mean, yeah , of course! The government of El Salvador has engaged in a massive crackdown on murderous criminal gangs like MS-13. "Clear probability" understates it. If there's evidence he's a member (or even just an affiliate) of MS-13, he's definitely going to be "persecuted." By the government. And now that El Salvador has their citizen in custody, they probably aren't going to be too keen on letting him flee the country again.
Thing to do, is to get an opposite test case. Have some AfD or RN people come here and do some pro-indigenous-European demonstrations and some minor vandalism. Then have Trump deport them to Italy, to Giorgia Meloni's special prison (not the one in my dreams, iykwim), or to Orban's special camp in Hungary. Get right-wing NGOs to sue on behalf of the rightie aliens. See if any Dem judges give a rat's ass.
At a minimum, you'd get a circuit split, which would force the SCOTUS to do something.
JSM
Darkisland said...
It will be really interesting if he is brought back and presented in court.
He will not be brought back. Note, SCOTUS did NOT say he had to be brought back to the US. They said "pretty please try to get him out of El Salvador".
Which just means dumping him in Gitmo, if they even bother to get him out of El Salvador.
Which they won't..
The plaintiff's lawyers, who are clearly more intelligent / less delusional than the judge, just asked the judge to order the Trump Admin to stop paying El Salvador to hold Garcia, but the judge so far has been too stupid / puffed up with delusions about her own importance to do that.
The judge pretty much ignored what SCOTUS had to say, and as a consequence got slapped down, hard, by the Trump Admin
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.59.0_1.pdf
Read it. It's short (less than a page of text) and sweet
“That's what you call "minimalism."
That’s what I call “ineffectual”.
cassandra lite said...
So he doesn't have to be returned to the U.S. An immigration judge can be sent to Salvador to adjudicate and get him returned to Salvador. Due process. Right?
Yes, in fact they could do that. Send the IJ to the US Embassy in El Salvador, ask Bukele to send him there. Short hearing where they point out that Mario 18 is no longer a threat, judge removes order forbidding him to be sent to El Salvador, take him back out and send him back to prison
2 hours, max
I see Kak and Freder are here as champions of the Constitution. Remember their protests when J6 misdemeanants were held without bail in DC? Me neither. Regardless, I have reviewed my copy of the Constitution and cannot find the delineation of “Due Process” for deportation of illegals. Do we have to ask a Democrat judge or can we have an Article II determination?
Kakistocracy said...
Roberts is playing a cagey game. Yes, the order requires the government to try to bring this person back, but ends with a cryptic requirement for the district court to rewrite its order in a way that supposedly respects the power of the executive and does not use words like "effectuate."
Are you stupid, or just dishonest?
What the 6 member majority was saying there is "we understand that the Courts have no power over foreign policy, and therefore there is damn all we can do about getting him released. So we'd appreciate it if the Trump Admin would pretend to do something before leaving him there"
First thought: It's about time we finally gave Diego Garcia back to the Chamorrans or Chagossians or Kardashians or whoever they are.
Second thought: Why does everybody want the head of Albergo Garcia all of a sudden?
The defense lawyers are saying the confidential informant is unreliable or lying. We'll find out eventually what the truth is. If Abrego Garcia (first name Kilmar) is not a gang member, then he's not typical of the people who are being deported.
And to state the obvious. Immigration judges are not Article 3 judges. They are DOJ employees and thus under Article 2 control.
Freder Frederson said...
Apparently, you are missing the issue here. While I have no sympathy for MS-13 members, the concern is the lack of any due process.
Stupid, ignorant, or just dishonest?
Garcia was found deportable over 5 years ago, with full due process. Then he is lawyers played BS games, and got it delayed until the Biden Admin, which then refused to do it.
Now it's the Trump Admin, and they're doing it.
To claim this is a case with "no due process" like you and Levine do is just to show what asses you are.
In fact, in this particular case, the administration admits that they made a mistake and had no evidence that he was a gang member.
Liar.
The Admin "admits" it "made a mistake" when they deported him to El Salvador (rather to ANY other country in teh world, or Gitmo).
They haven't "admitted" he isn't a gang member, they've re-iterated that he is.
But, please do keep on lying for criminal scum
Speaking of government employees making "mistakes," it turns out that the FBI knew Russiagate was a fraud, from the start. The FBI was pushing disinformation to favor a particular political party. I am sure that this gives Rich and Freder agita.
https://www.smalldeadanimals.com/2025/04/11/when-the-fbi-does-it-that-means-that-its-not-illegal-351/
The administration should tell El Salvador, "Okay, what say we error on the side of caution, let him out of prison down there, but keep him in El Salvador. Sorry about the mix up over gang affiliation, if there was one. Thanks. We owe you one."
There you go. Problem solved.
AI Giorgia Meloni Prison Matron Robot says:
So, Meester Mows-bee, you tink you can come to Eet-allee and do whateva you wanna do, ah?
(swings riding crop)
No, you canna do dat. Wha, you tink you a African guy on a raft? No, here in Eet-allee, we do wha I wanna do.
(swings riding crop)
Not such a wise guy now, eh, Meester Mows-bee?
(tightens rack straps)
Whadda you got here, ah? Oh, dey say America big country. Dis not looking so big to me, American boy.
(uses feather duster)
Oh, oh, maybe it's-a growing. Why, you like Eet-allee-an Prime Minister? Maybe you tink you can fuck Prime Minister?
(more feather duster)
What-a make-a you tink you can fuck Prime Minister? Ah? What-a make-a you so eh-special?
(more feather duster)
What-a make-a you tink Prime Minister wanna fuck you? I don-a need some American boy come-a here making trouble. Every man in Eet-allee wanna fuck me. Da ones dat agree wit me wanna fuck me because they love me. Da ones dat don-a like my ideology wanna fuck me because they hate me.
(more feather duster)
Which-a one a'you, Meester Mows-bee? Oh, I forgot , you canna talk wi' dat ball gag in-a you mout'. Arright, blink-a you eyes - one if you love me, an-a two if you hate me.
(throws panties aside)
Arright, well, I don-a wanna let this American cock go to waste. An-a if you get fucked by Prime Minister, maybe you behave-a youself.
(climbs onto rack)
I am not Laslo.
JSM
I spoke to a colleague about this who was distraught over this man's life and actions. I don't know the facts (Not sure anyone does besides what is being reported quickly)....but here's my take....
I'm glad it's challenged. If they made a mistake, he should be reunited with his family, made whole to the best ability of the government, and the process should be examined closely to improve it and prevent such mistakes.
However, if the challenge results in affirming this as a righteous use of executive power , then it's going to fuel larger scale efforts and cast doubt of any future challenges.
What's interesting here is ongoing reporting that Garcia did not receive due process. He apparently had extensive due process and detention, including what was deemed was a credible claim he was MS-13.....5-6 years ago.
Facilitate and Effectuate.
Pillow talk for DC lovers. They are fortunate those activities are legal now.
Gangs are one of the few legal zones where I'm pro extrajudicial killing. For example, Los Pepes vs. Pablo Escobar in Colombia during the 80s.
If you're an illegal immigrant scumbag that's organizing illegal immigrant fighting-aged males into what amounts to a criminally aligned paramilitary fighting force in the USA - like the Medellin cartel, MS-13, los zetas, primeiro comando do capital, cartel jalisco nueva generación, etc. - you and your organization will be treated as combatants of a hostile military entity. The only laws that will apply to you and yours will be the laws of war.
I understand that this has lots of unintended externalities, but the law is never perfect, and we shouldn't let imperfection stand in the way of solving problems created by some of the worst people on Earth. Especially when their violent deaths would be mourned by so few.
I just want them to stop raping 11-year olds in my neighborhood, destroying my mailbox by flinging vodka and tamarind soda bottles at it, and coming onto my land with guns to hunt deer. Heck, if they would just sign the release I ask the cable guys to sign when they want to come here to hunt, I'd happily let them clear the deer out. Venison sucks, as do deer ticks. Plus, go home.
Millions crossed the border illegally thanks to Democrat malfeasance. The media looked carefully away. One guy has a liminal case, and it's all we hear about day after day. Kak and others are living in a dreamworld. They sure don't live here.
TreeJoe said...
I spoke to a colleague about this who was distraught over this man's life and actions
So he's distraught this criminal thug illegally came to America?
I'm glad it's challenged. If they made a mistake, he should be reunited with his family
Bzzt, wrong.
The ONLY possible "mistake" they made was sending him to El Salvador, rather than Gitmo.
They already had a perfectly legal and valid order of deportation, he had all his due process over 5 years ago.
The only thing actually wrong with this whole situation is that he wasn't deported back to El Salvador in 2018
Minimalism.
So why cut this part from the Court's order? The rest of the District Court’s order remains in effect...
hombre said...
"I see Kak and Freder are here as champions of the Constitution. Remember their protests when J6 misdemeanants were held without bail in DC? Me neither."
Yeah. There's a reason Freder is openly mocked here. He's very selective on what rights he defends. And yours aren't among them.
"I understand that this has lots of unintended externalities"
Not the least of which it's called murder, and who do you intend will conduct these murders? Police?
“Synonyms of 'kak'
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rubbish, nonsense, malarkey, garbage (informal)”
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Mark said...
Minimalism.
So why cut this part from the Court's order? The rest of the District Court’s order remains in effect...
Because it's not true.
The rest of the District Court’s order remains in effect but requires clarification on remand. The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. [That is not the same thing as ordering him returned to the US] The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.
That is not "the gov't must return Garcia to Maryland", pretending otherwise just shows off your stupidity / dishonesty
U.S. District Judge Paula Xinis demanded to know where the man was by 930 AM today.
The DOJ said "Defendants received the order late in the evening last night. They are reviewing the order and actively evaluating next steps," they wrote. "It is unreasonable and impracticable for defendants to reveal potential steps before those steps are reviewed, agreed upon, and vetted. Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review."
So that's where it stands. And Good for AG Blondi.
The vermin they wish to give rights to tells one everything one needs to know about these imbecilic 🤡s.
"The district court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs," the court said. "For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps."
As far as I can tell, the District court has zero desire to show deference and has not clarified anything.
"Facilitate" is government policy.
See here for a definition (at the bottom).
Effectuate is not. So I think Roberts is saying that the government must follow its own rules but the judge cannot set government policy by adding effectuate to facilitate.
Maybe.
That is, at the bottom of page 1 under definitions.
Sotomayor, Kagan, and Jackson, attached some hysterical language about the case to the SCOTUS order. Go read it, and ponder what would happen if we had 5 like those on the SCOTUS.
If a court orders you to facilitate something, it means you are required to take steps to make it easier or possible for that thing to happen, such as providing support or creating conditions for it. However, facilitating does not guarantee that the outcome will occur, as the actual result may depend on other factors or parties beyond your control. For example, facilitating a negotiation doesn't ensure an agreement is reached.
Facilitating an emigration doesn't mean I'm required to pay for the plane ticket. It just means there has to be an immigration agent at the desk when I arrive with the means to allow me entry.
Facilitation doesn't automatically mean that anything occurs. Just that it could occur.
Accentuate the positive. Eliminate the negative.
Let me tell you now
Ev'rybody's talking 'bout
Revolution, evolution, masturbation, regulation, facilitation, effectuation
Meditations, United Nations, congratulations
All we are saying is give CECOT a chance
All we are saying is give CECOT a chance
Bottom line: This MF ain't coming back to the US and if he does, he's going to Gitmo with the other terrorists.
PrimoStL said, "Not the least of which it's called murder..."
The US government extrajudicially murders people all over the world every day, even citizens, just ask Obama.
"...and who do you intend will conduct these murders? Police?"
Whichever wet boy/s the feds tasked with killing Seth Rich and planting pipe bombs at the DNC HQ in DC should do nicely. Apparently even with video evidence these 007s are invisible. Quality work.
The District Judge will now proceed to evade the instructions from the Supreme Court and this case will wind up back before the Supreme Court within weeks.
This comical version of Jesus Christ Superstar sums up how the left views the Trump administration in this case.
from the perspective of how boumedienne and other cases, the court has not draped itself with glory, like one of the detainees that ended up heading a cell in France,
And now just tell the court, "insufficient data to give a meaningful answer" as the great UNIVAC computer would say... And keep the terrorists where he is.
"Facilitate and Effectuate"
Fade Away and Radiate
RIP Clem Burke
the concern is the lack of any due process.
He's here illegally. Gang member or not. Toss his ass.
For those saying that "In fact, in this particular case, the administration admits that they made a mistake[*] and had no evidence that he was a gang member..." - the order itself states "The United States alleges, however, that Abrego Garcia has been found to be a member of the gang MS–13, a designated foreign terrorist organization, and that his return to the United States would pose a threat to the public."
So no, the U.S. has not "admitted" that they have no evidence that he is not a gang member or threat to the public.
*Abrego Garcia was subject to an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador because he faced a “clear probability of future persecution" and [again, in 2019] [El Salvador’s] authorities were and would be unable or unwilling to protect him.” of course, a new government took power since then, rendering that opinion as moot.
Does the US government have obligations to people who are citizens of other countries, who were born there, live there and have never been to the US? Seems unlikely. So how is it that, by entering the US illegally, the US government suddenly has an obligation to someone?
In what other context does one gain rights one previously was not entitled to, by breaking the law?
@Hombre wrote, “A link at Instapundit points out that Fed. R. of Civ. Proc. 65(c) requires that before any restraining order or TRO issues from District Court petitioners must to post ‘security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.’” The reason is that the Government has not asked for a bond. Why not, you ask? Well, then the Government would have to quantify the amount of costs the Government would incur if the injunction is eventually overturned, and the government does not want to do that. Why not, you ask? Good question.
It's confounding that the fundamental questions around this issue are so hard to grasp. Compared to the regimes most of the rest of the world's people live under, why is it that the US and other Western nations are the only nations ethically obligated to put the rights of an exo-jurisdictional transnational person like Garcia on a co-equal basis with that of their own citizens? How is it moral and high-minded for the United States, Canada and Western Europe to permit themselves to be a dumping ground for every unwanted transnational on Earth? Where is the concern for the illegal immigrants coming to this country from their own ethnic and native nationals? Are they really that unwanted, and if so, why is it our job to want them?
Count me among the vast majority of Americans that are completely through with being the destination of first resort for people like Garcia. We should be the last place a person like Garcia should ever wish to come to. The overwhelming majority of the rest of the world's countries get to adopt policies which put their nationals first and immigrants second. The same advocates for the sanctity of 'international law' are the same hypocrites that lobby for this double standard.
I'm willing to listen to anyone that can answer the questions above and explain why so many people believe America's jurisdiction vis-a-vis citizenship applies to the world at large while virtually everyone else's does not.
Make it make sense.
Mr. Levene, this is from the cited rule:
"The United States, its officers, and its agencies are not required to give security."
Don teh haz mat suits, T.B. Haggis has slithered in…
Kakistocracy said..."Skipping past the fifth amendment is the scariest thing the Trump administration has done. Off in shackles you go without having been convicted of a crime in any country.
So much political rhetoric about how Garcia being part of multiple terrorist organizations. None of it matters if he doesn't get his day in court. Without that basic human right how can anyone build more than a simple sand castle in the US"
The problem is you guys let in 20 million illegals, explicitly to overwhelm the system.
Due process? Fine, it should be simple in these cases. Here illegally, yes or no? If yes, that's it. 5 minutes. "Next!"
Republic Sanitation will be coming for the Haggis. Spring clean-up.
“ 🚨🚨🚨BREAKING: Immigration Judge Approves Trump Administration’s Deportation of Mahmoud Khalil”
Grrrrrrreat news on a late Friday afternoon!
TBH is no doubt already contemplating which actress should play her in the mythical movie about TBH's incredible moral bravery in the face of a 4th Reich onslaught!
See this all the time with over the hill boomer losers who desperately seek validation and to relive their glory protest years or even pretend protest years.
"Make it make sense."
Trump says "X". Leftards say "Not X".
Simple as that. And that's all the "thought" those leftards put into it. This has nothing to do with "basic human rights" (see: J6).
Special Service Announcement: Do NOT, under any circumstances, get between a dem/left/LLR-dem and one of their societal heroes: child sex groomers, human traffickers, murderous drug cartel members et al. Its like getting between a mama bear and her cub.
like kristen stewart for that sob story, about slahi mahmoud that lad who hung around the hamburg cell, with the hijackers,
but that was a coincidence,
the folks who said it was fine to point an mp 5 automatic at a 6 year old, don't get to virtue signal at our expense,
effendi khalil should be right at home, in damascus with our new and improved former jihadi Al Sharaa,
TeaBagHag said...
When they came for the brown dad in Maryland, I didn’t speak up because
he's a deportable illegal alien who already had his due process, and was found deportable. Good riddance
When they came for iman, nobody spoke up because he is
a terrorist supporting scumbag who violated the terms of his visa
When they came for the grandma who visited the Capitol on Jan 6, or the parents who protested against the school board getting their daughter raped, or the grandma praying outside an abortion clinic, the Left all burst into rapturous cheers, because unlike raping and murdering gang bangers, THOSE people are BAD.
FIFY and GFY
Oh, BTW, immigration judge just found Mahmoud Khalil deportable, as the law requires.
He's going to get all his due process, then he's gone.
Because non-Americans have no right to support terrorists AND live in America. They can do either, but they can't do both
Hag - Kamala lost.
Oh, and the latest on "that idiot Trump: Dow, S&P 500 post best week since 2023
TBH: “Its like getting between a MAGAt and her Intervectim.”
Or like getting between a Democrat and their invective.
Eva - Heh.
What the Hell is “Intervectim”?
I for one look forward to a district court ordering a president to effectuate the elimination of the Iranian leadership regime, or to end the rule of the CCP in China. If we're having courts play King Canute, go big or go home.
I wonder, what damages could the victim here get for the Administration’s admitted error in sending him off to a dungeon in El Salvador? $100 million? How much would compensate you for wrongful detention and imprisonment?
" If you are here illegally - no due process is owed to you"
You get due process in the fight over their assertion that you are here illegally. IOW, you get to contest them saying who you are.
Douglas B. Levene said...
I wonder, what damages could the victim here get for the Administration’s admitted error in sending him off to a dungeon in El Salvador? $100 million? How much would compensate you for wrongful detention and imprisonment?
How about "nothing"? Yeah, "nothing" sounds right, here.
1: He's an adjudicated MS-13 member and illegal alien who has a final order of deportation. So he shouldn't have been in the US to be sent to El Salvador
2: The order preventing him from being deported to El Salvador was based on a claimed threat to him from the Mario 18 gang, which "the gov't of El Salvador couldn't protect him from."
Well, the Buckle gov't has broken the Mario 18 gang, so that's not longer an issue, and it's perfectly fine to deport him to El Salvador
3: He's never coming back to the US
bobby said...
" If you are here illegally - no due process is owed to you"
You get due process in the fight over their assertion that you are here illegally. IOW, you get to contest them saying who you are.
Well, since he admitted in court he was here illegally, that part's been taken care of.
Dear leftists, here's a thought: find out what's going on BEFORE you open your mouth / start writing about a subject.
Everything I'm writing about this case is easily accessed public knowledge. iff it's not worth your time getting it and reading it, then it's not worth our time to read whatever ignorant stupidity you have to babble, so please have some respect
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