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This shit is going down today. There are three possibilities:
If they don't get a stay and they make some kind of half hearted "bad man Bukele won't cooperate" argument, I don't think Xinis will buy that, and they'll be back to #3.
That's not half-hearted. It's a very, very real possibility especially if Bukele wants to cozy up to Trump and give him an out.
"Kilmar Armando Abrego Garcia is a citizen of El Salvador and is currently in our custody awaiting trial on criminal charges for crimes he committed before he fled the country to escape justice. He will remain in the custody of El Salvador until he is tried for those charges and any sentence imposed on him has been completed. He will not be sent back to the United States."
From there, Trump can easily make a "good faith" argument that he tried to have the citizen returned but was unable to secure his release. His MAGA base will eat it up, and it's very likely that the Supreme Court would dismiss the case based on lack of jurisdiction and lack of enforcement mechanism. Even if they don't, any ruling would be a symbolic gesture at best and carry as much practical weight as me making the same demands from my front porch.
Remember, El Salvador has absolutely no reason to send this guy back. Bukele is under no circumstances going to defy Trump's wishes when he's actively trying to cozy up to Trump. If anything, he's only going to run cover for Trump.
We don't have to like it, but that's the reality of the situation. There is no method of enforcement. If El Salvador is unwilling to send him back, he's staying there. And the Supreme Court could very well recognize that reality. They could easily vote 9-0 that Trump was in the wrong but dismiss Xinis' order anyway due to it being unenforceable.
Has Bukele said this? Has the administration made any attempt to return him?
It is possible that they will stonewall, but it is important to force them to do so rather than obeying in advance.
No, he has not said that, and I agree that it's important to get it on the record for a variety of reasons.
I'm just saying that there is a very likely possibility of this being the end result, even if only so Bukele can cozy up to Trump, and that if he does say this, the geopolitical reality of the situation is that it would essentially be the end of the case.