Kilmar Abrego Garcia Back in the United States
Salvadoran immigrant Kilmar Abrego Garcia—illegally deported by the Trump Administration to imprisonment in El Salvador without any due process—is now back in the US. After the Supreme Court ruled that the Administration had to “facilitate” his return, the administration repeatedly insisted they had no power to do so, and otherwise verged on defying court orders. But as Trump admitted, in reality the administration could have secured his return any time they wanted to. Salvadoran President Nayeb Bukele was keeping Abrego Garcia in prison only because of arrangement with Trump, under which the US paid him to detain Garcia and hundreds of other migrants deported without due process, in violation of the Fifth Amendment.
The Venezuelans deported under the Alien Enemies Act are also victims of an illegal invocation of that law (see my recent amicus brief on that subject); most have never been convicted of any crime, and many (possibly a majority) entered the US legally.
As the Abrego Garcia case shows, Trump could easily return these people to the United States simply by asking the Salvadoran government to release them, and making clear he means it. Courts should tolerate no more excuses on that subject!
The outcome of this case also shows that the administration is susceptible to judicial and political pressure, even in the immigration field. The lawyers, activists, and others who pursued this matter—initially against seemingly insurmountable odds—deserve great credit. The rest of us should learn from their success, and build on it.
ABC reports that Abrego Garcia will now face charges for suppo
Article from Reason.com
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