April 14, 2025

"The question is preposterous. How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States."

"I mean, we’re not very fond of releasing terrorists into our country. We just turned the murder capital of the world into the safest country in the Western Hemisphere and you want us to go back into releasing criminals so we can go back to being the murder capital of the world? That’s not going to happen."

Said El Salvador President Nayib Bukele, quoted in "El Salvador President Nayib Bukele says he won’t return Abrego Garcia to U.S." (CNBC).

The Supreme Court — in Noem v. Abrego Garcia — obligated the Trump administration to "facilitate and effectuate" returning Abrego Garcia to the United States and sent the case back to the district court to "clarify" the meaning of "effectuate" and to do so with "the deference owed to the Executive Branch in the conduct of foreign affairs."

84 comments:

mccullough said...

Then it’s over

RCOCEAN II said...

I guess the obama appointed, leftwing democrat, District Judge Paula Xinis can now declare war on El salvador.

RCOCEAN II said...

BTW, as expected, Judge Paula didn't obey the SCOTUS ruling and show any deference to the Executive or even clarify her ruling. But after all, she is a 48 y/o obscure lawyer wearing black robes, so she can do anything!

Mason G said...

"The question is preposterous. How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States."

Said El Salvador President Nayib Bukele, quoted in "El Salvador President Nayib Bukele says he won’t return Abrego Garcia to U.S."


How about we bring the Salvador president here in exchange for a few of our leftist judges?

Mason G said...

"El Salvador" president, that should be.

Peachy said...

John Roberts is compromised - by the corrupt left.

Peachy said...

oh and ...heh.

Peachy said...

Hag(D) - no amount of evidence would persuade an illegal immigration supporter like you./

Peachy said...

minus the /

Ann Althouse said...

""El Salvador" president, that should be."

I think it should be "El Salvadoran president."

We don't say the France President or the Japan Prime Minister.

Balfegor said...

I think the administration could be ordered to request extradition under the extradition treaty with El Salvador. But (a) the man in question was in custody for immigration violations, which usually aren't extraditable offenses (although I haven't looked at the specific treaty) and (b) countries usually have carve-outs under which they are not obliged to extradite their own nationals, although they may do so as a courtesy. Tick off those meaningless boxes in good lawyerly fashion, let the government of El Salvador say no, and I think you're done. Anything more (e.g. applying military or economic leverage to force them to return their own citizen just so we can deport him someplace else where they aren't as hard on members of violent criminal gangs) and I think it would invade the President's authority to conduct foreign policy.

Peachy said...

A majority of Americans want illegal immigrants deported.
That the Biden-cabal ALLOWED so many in - is a cruel crisis in humanity. A crisis that the corrupt left minions like HAG don't give a damn about.
The corrupt left don't care about human trafficking, slavery, or child sex exploitation... because all they DO care about, is making sure these millions of illegals are able to vote for the democrxatic corruption party,.

Mason G said...

I think it should be "El Salvadoran president."

United Statesian president? ;)

bagoh20 said...

What was the purpose of the 2024 U.S. Presidential Election? There was talk of "democracy".

Dave Begley said...

Boasberg put SCOTUS in a tight spot. That murdering terrorist (not Maryland man) is going to stay there.

I really can’t understand why Boasberg hasn’t been called up on judicial ethics charges. He should have recused himself. This NEVER would have happened in Nebraska (state or federal) courts.

Roberts should bring the hammer down on Boasberg. Boasberg has tainted the entire federal judiciary.

gilbar said...

i Guess, there's NO OPTION..
we HAVE TO go to WAR with El Salvador, to FORCE THEM to release murders and become the MURDER CAPITOL again..
We have NO CHOICE a district judge ORDERED IT.

It Seems SAD, to think of the Hydrogen Bombs RAINING down on that country; but What Option Do WE Have?

gilbar said...

.. District Judge Paula Xinis can now declare war on El salvador.
That IS what the Constitution EXPLICITLY States is the procedure

Jupiter said...

"The Supreme Court ... obligated the Trump administration to "facilitate and effectuate" returning Abrego Garcia to the United States ...". I don't believe that is correct. For one thing, courts seldom "obligate" anyone to do anything. The Supreme Court ordered the DOJ to facilitate, and declined to order the DOJ to effectuate. Rather, it was suggested that the Xinis creature might wish to clarify what she meant by that term, in light of the separation of powers.

Dave Begley said...

Maybe I have the two cases mixed up, but Boasberg started this mess.

And who is paying for all this legal work for this terrorist? ACLU?

john mosby said...

The standing-laches-mootness shoe is on the other foot now. Just beautiful symmetry.

JSM

Jupiter said...

The Xinis creature also ordered the DOJ to give her "daily updates" on the status of the Garcia person. They have been complying. On the first day, they told her that he was in CECOT in El Salvador. On the second day, they told her that had not changed. No one at DOJ has suggested that she piss up a rope, and I am fairly sure no one at DOJ is planning to make any such unseemly suggestion.

Readering said...

The Supreme Court order was 9-0. Counter productive for Trump to lie about what it says. He has other cases going to the USSC. This issue will not go away. But he clearly thinks it's a political win. Thus his ruminating aloud over sending US nationals to El Salvador, not just Venezuelans. At least under Bush there was a war on terror when it was getting slapped down by the USSC.

Michael Fitzgerald said...

Based!

stlcdr said...

So even if he comes back, we are just going to deport him back to El Salvador? I guess we just need to get the administrative paperwork sorted out.

Jupiter said...

She also ordered the DOJ to report daily on the efforts they had made to secure Garcia's return to these United States. She has expressed some concern that they may not be in compliance with this order. That seems, ah, pigheaded. Should the DOJ make any effort to secure Garcia's return, I think we may be sure they will hasten to inform her Honor.

RCOCEAN II said...

Congress needs to step up and restrict the power of the 700 district judges to play President and issue nation wide injunctions. Its getting absurd that Trump needs to get the approval of all 700 district judges to run the executive branch or enforce the immigration laws.

I dont know why everyone is going along with this absurd system whereby Federal judges can do anything and force the POTUS (and everyone else) to bend to their will. Its not the law, its not the constitution, and until after WW 2, it wasn't how thing operated. The 1st nationwide injuction against a POTUS action was in 1952. Befor then, from 1789-1951 = zero.

narciso said...

its the dc bar,' a den of scum and villainy' if ever there was one,

narciso said...

it was an unsigned note, that tells you the import of the statements

i'm reminded re vargas llosa, the shining path had made it so dangerous, that the judges had to be shrouded,

Jupiter said...

"So even if he comes back, we are just going to deport him back to El Salvador?".
The issue seems to be, that he was previously ordered deported, but not to El Salvador, because he had a plausible fear of being harmed there. So, if he decides to come back, he may have to be deported somewhere else. But thus far, he has not displayed any intention of returning. No plane ticket, no itinerary. Perhaps he understands now, that he is not welcome here.

narciso said...

the 20th hijackers, thanks the court from his base in the kingdom probably in the hadramatout, justice jackson was one of his attys,

Jupiter said...

Readering, you are seldom less than annoying, but you are not usually obtuse. The order was 9-0 because it basically told the DOJ not to tease the poor, retarded judge, who might well be doing her best with what the Lord had given her. Her fellow retards on the Court couldn't very well object, so they concurred.

Ann Althouse said...

"United Statesian president? ;)"

We say "American president" not "America president."

We can't say "United Statesian president" because we can't say "United Statesian" anything.

Here's a cool book that contains the argument that "United States of America" isn't a name. It's a description: "A Country With No Name."

narciso said...

its a transliteration, estadounidense, (there's a little joke about that in stillmans barcelona,

Mason G said...

"We can't say "United Statesian president" because we can't say "United Statesian" anything."

It was meant as a joke. What we *can* say is "United States president", a google search on that specific term returns "About 3,490,000 results".

Aggie said...

"No one at DOJ has suggested that she piss up a rope, and I am fairly sure no one at DOJ is planning to make any such unseemly suggestion....."

It would appear that Judge Xinis is the type that would complain if you told her to piss up a 'new' rope.

D.D. Driver said...

"The standing-laches-mootness shoe is on the other foot now. Just beautiful symmetry."

A law abiding father and husband (not accused of a single crime other than entering the country with his parents when he himself was a minor) is in a violent prison.

Even if you think he doesn't belong in America, under what form of justice does this human deserve such treatment. Are you a fucking sociopath?

Yancey Ward said...

"A law abiding father and husband (not accused of a single crime other than entering the country with his parents when he himself was a minor) is in a violent prison."

Has anyone proven this characterization is true, though? I don't doubt the father part of it but every story I have read fails to lay out any real support for this claim. They seem to all quote the family.

narciso said...

the people who clapped for the Capitol gulag, who celebrated Eiian's rendtion to the Wandering Coma's estate don't have the right to complain

Leland said...

Begley, you do have the cases mistaken. Boasberg generally wanted to tell the Executive Branch what to do, how to run military operations, and who can determine citizenship. SCOTUS shut him down.

Xinis was specific to the El Salvadoran MS-13 Gang Member that was claiming asylum in Maryland. He was up for a hearing on his asylum claim when he was rounded up and deported back to El Salvador. SCOTUS doesn’t like the Executive Branch preempting a case and rendering judgement in advance. I get their point, but the US effectuated this terrorist extradition to El Salvador and leftist judges wanted him to be safe in the US to continue committing crimes.

Aggie said...

"Even if you think he doesn't belong in America, under what form of justice does this human deserve such treatment. Are you a fucking sociopath? "

But, who are you asking this question of? He's an El Salvadoran citizen that was in the United States illegally. He's back in El Salvador now. Are you thinking the President of El Salvador doesn't have it within his power to give instructions, or that El Salvador doesn't have a justice system?

By the way, two different US courts found that he is indeed a gang member of MS13, which is not known for its beneficial impact on society.

JAORE said...

"Congress needs to step up and restrict the power of the 700 district judges to play President and issue nation wide injunctions."
Sure, because that would be rational. But, sorry, dinging Orange Man Bad overrides any attempt at sanity.

Darkisland said...


Here's a cool book that contains the argument that "United States of America" isn't a name. It's a description: "A Country With No Name."

We need to always bear in mind that we are the United States of America. Even today but much moreso 250 years ago the word "state" was understood to mean a nation, country, sovereign entity, not part of any other entity.

It is why states delegate powers to the Federal Government, not the other way around.

We are NOT the United Provinces.

It is why the war of 1861-65 was no more a "civil war" (within a nation) than a war today between Germany and France would be a civil war. Or the wars of 1939, 14, 1870, 1812 etc were civil wars.

Our war between the states was much more akin to Brexit than any civil war might be.

John Henry

Darkisland said...

How about we ask Bukele, as a favor, not a command, to show that Abrego is MS-13. And/or we release evidence that he is.

On what basis is Bukele holding him in the prison?

I'm in agreement with Presidents Trump and Bukele on this. But if someone could show that he is MS-13 it would shut up perhaps half the people complaining.

Off topic, but does Bukele qualify as an "Hispanic" or "Latino"? If not, isn't it cultural appropriation for him to be president ofn an Hispanic/Latino country? See also Claudia Scheinbaum.

John Henry

John Henry

narciso said...

hes of lebanese syrian background, so hispanic

Darkisland said...

narciso said...

its a transliteration, estadounidense,

In Puerto Rico the United States is often abbreviated EEUU to distinguish it from the United States of Mexico (Officially "Estados Unidos Mexicano") and the United States of Brazil. Neither of which really have "states". They have provinces that they call states.

John Henry

mikee said...

Seems the legal route here is to "invite" the El Savador citizen back to the US, with the understanding he is to be held in custody until his deportation procedure is completed. The invitation can be accepted immediately by the prisoner in the cell in El Salvador, where he is incarcerated as a gang member, satisfying the judge's demand of "facilitate and effectuate" but then acted upon only when he is released from jail in El Salvador. Everybody is happy, except maybe the guy who got sent to prison in El Salvador recently, after evading prison there by illegal immigration to the US. Can't please everyone.

Mr. D said...

Off topic, but does Bukele qualify as an "Hispanic" or "Latino"? If not, isn't it cultural appropriation for him to be president ofn an Hispanic/Latino country? See also Claudia Scheinbaum.

Bernardo O'Higgins would like a word.

Steven said...

In his earlier court proceedings, which gave him plenty of due process, it was ruled that he could be deported anywhere but El Salvador, because his life would be endangered by a rival gang (i.e. not by the government). The "mistake" in the current proceedings was not deporting him, but only in deporting him to El Salvador. But conditions have changed in El Salvador and the current government has greatly improved the situation there. It is time to deport him. It is up to the Salvadoran government and judicial system to decide if he belongs in the super secure prison designed to hold gang members.

boatbuilder said...

Ohhh noooo!

Anyway....

Mike (MJB Wolf) said...

DDD is very concerned about the treatment of the fictional "Maryland Man" of media concoction, not the flesh & blood violent felon and rapist MS13 gangster we sent to El Salvador. It's a leftist thing.

Breezy said...

"A law abiding father and husband (not accused of a single crime other than entering the country with his parents when he himself was a minor) is in a violent prison."

He’s MS13, a member of a terrorist organization. That alone is all that’s required to deport him.

Also, SCOTUS never suggested to facilitate his return to the US. That would cross constitutional lines. They suggested a release from prison only. In any case, that’s not their call, nor Trump’s at this point. Moot.

The best line from Bukele, paraphrasing, was about his purpose in imprisoning thousands of people was to liberate millions of people. Outstanding. You’d think liberals would be behind that, but you’d be wrong.

boatbuilder said...

If he's just an innocent, law-abiding father and husband who's been in the US since he was a teenager, how the hell did he get himself in a situation in which his life is in danger if he goes to El Salvador?
(I could see that if he were an informant or cooperating witness. But if that were the case THE US WOULDN'T BE SEEKING TO DEPORT HIM.)

narciso said...

they want to imprison the law abiding, (see lockdowns) and liberate the criminals (blm and antifa)

Not Illinois Resident said...

Enforce the law, Judge Paula. The man was deported because he doesn't have legal residency, entered US without proper documents. Back in the day, my fellow Ivy League grad student graduates self-deporting themselves before their visas expired, despite their deep yearnings to remain here. If we can deliberately chose to not grant residency permits to our foreign student Ivy League graduates in the 80s, we can certainly deny residency to illiterate illegal migrants who reliant upon government hand-outs and charity to maintain their semblance of American lower-middle income working-class lifestyle. This entire court case is a mockery of judicial law.

Everyday I feel more and more compelled to become a conservative American insistent upon rule of law, of enforcement of all laws upon all US residents, citizens or not. Chicago has become a lawless dangerous place.

Balfegor said...

Re: Aggie:

By the way, two different US courts found that he is indeed a gang member of MS13, which is not known for its beneficial impact on society.

Ironically, it would probably be significantly easier to have him extradited to the US if he were being prosecuted for MS13 activities. Which might be the smart political play for DOJ -- link him to some gang activity and file an indictment (to squash the narrative about him being a gentle, law-abiding fellow) and then seek extradition. Which El Salvador can then cheerfully refuse. That said, I think the administration is more interrsted in getting precedents establishing the parameters of executive branch authority in this area than in resolving this or that case, so they'll probably just let the contradictions heighten until they're ripe for further appellate review.

Jupiter said...

"Seems the legal route here is to "invite" the El Savador citizen back to the US ...".
Poppycock. No member of the American government is obliged to invite anyone to illegally enter the US. If he can get out of CECOT, he can try to illegally enter like any other alien. Should he be successful, the US can deport him again. If we want to deport him to El Salvador, we'll have to argue that he's no longer in danger from his fellow El Salvadoran gangsters. I don't know where else we could deport him to. I guess we'll cross that bridge in the unlikely event that we come to it.

Mason G said...

Someone escaping persecution in El Salvador needs to cross through at least two other counties before getting to the US. Why not stop in one of those and cry "Asylum"?

Gusty Winds said...

Possession is nine-tenths of the law.

Paddy O said...

"It is why the war of 1861-65 was no more a "civil war" (within a nation) than a war today between Germany and France would be a civil war."

It was a civil war because that was partly what the war was about: what the constituent states were. The US position was that we are a nation consisting of states, and these states could not unilaterally chose to break such a union. And the US won the argument, so now we call it, accordingly, a civil war. We call the revolutionary war such because the US likewise won that war against England, and thus defined the status of the colonies as entities with their own separate rule.

Quaestor said...

"Bernardo O'Higgins would like a word."

Alberto Fujimori also requests the floor.

Kirk Parker said...

Paddy O,

People who object to the term "Revolutionary War" are generally preferring the older, more common definition, exemplified by the French and Russian revolutions, which were aimed at deposing the existing authority. The American War of Independence, in contrast, was not trying to depose King George and place someone else (or no one) on the throne of England; the colonists just didn't want to be part of George's domain any longer. I think that is a very significant difference, and worthy of different nomenclature to go with it.

Gospace said...

Ann Althouse said...
Here's a cool book that contains the argument that "United States of America" isn't a name. It's a description: "A Country With No Name."


I'm tempted to buy that book. But, really, it is our name. Established in our actual founding document, The Articles of Confederation. "

let's go back to our actual founding document- The Articles of Confederation. Twice the phrase appears as out name. "Whereas the Delegates of the United States of America" and "Article I. The Stile of this confederacy shall be, “The United States of America.”", stile archaic for style, and meaning title or name. That appears twice, whereas united states, uncapitalized, appears many times.

The short lived Confederate States of America named themselves that in their short lived constitution. The founders could have used the same name, but united suggests a stronger bond that confederation.

But about Abrego Garcia. A criminal- by definition since he was present in the US unlawfully. A criminal gang member- and all gang initiations involve committing one crime or another, so, a criminal. Acknowledged, as stated above, by previous court rulings. A citizen of where he is currently residing- El Salvador. And I've read elsewhere there are pictures posted of him posing- in the US, with various firearms, which he cannot legally possess. So- a criminal there, and not afraid to show it off.

And none of the supporters of Abrego Garcia I see ever mention any of that. Their description- good father and family member. Which I doubt is actually true. Sort of like the liberal media descriptions of Saint George Floyd or poor innocent childlike Trayvon Martin.

Deep State Reformer said...

I must say that strictly from a Machiavellian perspective of no morality whatsoever, the Wreckers Faction has a pretty good plan in place. They goad the elected administration with lawfare torts overseen by untouchable US courts. The only responses possible from the administration is to either clench its teeth and work through the legal process while their supporters get restive and demoralized and DJT’s political capital dwindles like a melting ice cube. The DoJ has no other option beside some sort of presidential court nullification scheme, and who knows where that would lead? There really is no fixing this I fear. Maybe a Pinochet Option?

MadTownGuy said...

The descriptor in Spanish is "Salvadoreño," and in English, "Salvadoran." "El" is superfluous. Therefore:
El Presidente Salvadoreño - the Salvadoran President. But "The President of El Salvador" is also acceptable.

Peachy said...

The dude was here illegally. We are done.
El Salvador hired someone to cut down the out of control crime in that nation. He did so.
Leftists go - "boo hoo" Because leftists LOVE crime and illegals.

john mosby said...

DD Driver, ref my standing-laches-moonless remark: “under what form of justice does this human deserve such treatment. Are you a fucking sociopath?”

This was asked by the states and people forced to live under a fraudulently elected president. More beautiful symmetry.

JSM

MadTownGuy said...

There are lots of folks with multi-generational heritage in Mexico with non-Hispanic surnames, though her Hispanic mother's name is part of the long form name:

"Claudia Sheinbaum Pardo was born on 24 June 1962 in Mexico City, within a secular Mexican Jewish family. She is the second child of chemist Carlos Sheinbaum Yoselevitz and biologist Annie Pardo Cemo." (Wikipedia)

deepelemblues said...

The limit of facilitation or effectuation of returning the citizen of another country from his home country to the United States is the agreement of that country's ruler to return said citizen of the United States. Bukele has declined to such an agreement. It's over. The Supreme Court would do well to take notice that political overreach of the judiciary is no longer being countenanced for the next 3 and 2/3 years.

Gospace said...

I've seen many identical (or close to identical) posts on X in the last hour;
El Salvador's president says he won't release Kilmar Abrego Garcia, the wrongly deported Maryland man...
I've commented on each of them:
"El Salvador's president says he won't release Kilmar Abrego Garcia, the wrongly deported El Salvador citizen.
FIFY

He's not a Maryland man. I'll bet he doesn't even know how to make proper Maryland crabcakes, and probably doesn't eat soft shell crab sandwiches.

Howard said...

Road to IAH this afternoon on an Uber driven by a Salbadorian whose bean in Tejas bentecinco anos. He was so excited that his El Presaldente was meeting today with Don Trumpo. He said the changes to El Salvador since the slaughter and incarceration of the gang bangers. According to him, they would kill you over a dollar and would murder the family of a small business man if he failed to pay "rent".

Apparently a new international airport is being constructed and the new special relationship with Estados Unidos is quickly turning his homeland into a paradise.

Gospace said...
This comment has been removed by the author.
Gospace said...

Try again Oh, crap, the italics thing. Let's see. Did that work?

Howard said...

Testamento, uno dos tres,

Lance said...

"Has anyone proven this characterization is true, though?"

You have it exactly backwards. The Fourth and Fifth Amendments place the burden of proof on the government. It's the DoJ that must prove their characterizations are true before expelling someone, even non citizen residents.

William Tyroler said...

"The Supreme Court — in Noem v. Abrego Garcia — obligated the Trump administration to "facilitate and effectuate" returning Abrego Garcia to the United States[.]" But that's the rub. Seems to me that the Court did not order AG's return to the US. Here's the relevant part of the holding: "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." (https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf).

The administration, that is, was directed to "facilitate" (whatever that might mean) AG's release from prison in El Salvador, as distinguished from return to the US. Take into account as well that AG was under a long-standing removal order, but it was amended to prelude removal to El Salvador where he would arguably have been in danger. He could have been removed to any other place that would take him.

Mr. T. said...

What Xinis need are daily updates on the condition of Rachel Morin...

Murdered
Murdered
Murdered
Murdered
Murdered
Murdered
Murdered
Murdered
Murdered
Murdered
Murdered
Murdered

Meanwhile, Readering is mad that she won't date them.

PJ said...

With deep and abiding respect, I believe William Tyroler has read the SCOTUS decision correctly.

Readering said...

Mr. T: I never use pronouns in my signature block, but I see why some might see the benefit. And I'm not mad when Trump does things that annoy the USSC, whether it's threatening to impeach judges for decisions he does not like, loudly thanking the justices at one of his speeches they show up for or lying about one its orders he defies.

Bunkypotatohead said...

That was just Trump's way of flipping Xinis the bird, by having Bukele do the actual extension of the middle finger.

Rusty said...

Ah! The, " I wasn't doin' nuffin'" defense.

Gravel said...

Here's an explainer.

https://x.com/shipwreckedcrew/status/1912161854128103856

Bill Harshaw said...

Seems to me we facilitate the return of prisoners from foreign countries regularly. Why not say: we'll keep paying your for the prisoner until the majority of the prisoners are either freed or dead, you put him on a plane. You lose control of him when the plane leaves your waters, so no problem.

It's the Pottery Barn rule--you break it, you fix it.

Kakistocracy said...

Trump smugly sitting in front of the American press with a self-described dictator and claiming there's nothing they can do to return a wrongfully-deported man was a shameful and embarrassing day for our nation.

Meade said...

“Trump smugly sitting in front of the American press with a self-described dictator and claiming there's nothing they can do to return a wrongfully-deported man was a shameful and embarrassing day for our nation.”

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