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102

Judge orders return of wrongly deported Maryland man to US from El Salvador (www.reuters.com)

submitted 5 days ago by [email protected] to c/[email protected]

7 comments fedilink hide all child comments

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[–] [email protected] 23 points 5 days ago

The good thing is that at least this judge's order comes with a definitive timeline.

Unfortunately, that's the only piece of good news. There was no "or else", and the Trump administration has already claimed they couldn't follow the order even if they wanted to because he's out of the reach of US authority.

Which means that most likely, Monday will come and go and this guy will still be in El Salvador. The judge will do a lot of hemming and hawing and follow standard judicial practices of threatening to hold hearings to discuss the possibility of holding hearings, and eventually the whole thing will quietly disappear from the headlines once a MAGA-aligned appeals court dismisses it due to the claimed lack of jurisdiction.

And we do have to be realistic. Bukele (President of El Salvador) has every reason in the world to cozy up to Trump. And he really could put an end to this saga by saying that Garcia is facing charges in El Salvador and will not be sent back to the US. There may be made-up charges, there may not. He could just say that Garcia is being charged just to run cover for Trump so Trump can say "I tried, but Bukele confirmed that he is an MS 13 member being tried in El Salvador and will not release him.". And at that point, I honestly could see a judge dismissing the case simply because it's moot and any order would be unenforceable.

Overall, I'm not liking the man's chances.

With all of that being said, how has not one reporter asked the question of "If this type of 'error' were made involving a US citizen being sent to El Salvador, are you also saying that there is no way to get that US citizen back?"

[–] [email protected] 2 points 5 days ago (3 children)

That's not how it works, though. He's already been deported, and is in another countries custody. The US can lobby to get him back, but they can hardly demand it.

This US citizen has essentially been expatriated by ICE. I'm sure they forced him to sign documentation that he's in some violent gang, as well. There's no getting him back unless El Salvador decides to let him go.

[–] [email protected] 19 points 5 days ago (1 children)

The US is paying for this person's detention. That means the US has the ability to say we made a mistake and get him back. El Salvador might not like it but the US is still paying the bills so they still have power to get him back.

[–] [email protected] 1 points 5 days ago

You're mostly right in that the person you're replying is missing that we are providing money for those people's detention. But El Salvador doesn't HAVE TO give the person back, there's nothing outside of us stopping payments that compels them.

It's a semantic difference indeed but goes to point out the difference between legal means and diplomatic means. Legally, there's nothing the US can do, once the person is in El Salvador they are under that country's legal system. Diplomatically, yes, absolutely we can ask El Salvador to hand the person back or there will be diplomatic and potentially economic consequences for not doing so.

Now as others have pointed out, the Executive branch has a wide latitude for diplomatic powers. Judge indicated that the President work diplomatically to bring the person home, but outside of that, the "or else" part. There's not much the Judge can do past that.

Additionally, El Salvador could press charges on the person and then there would be nothing that can be done to bring the person home in any legal means and likely less so diplomatically. This is the issue with sending people there. President Bukele of El Salvador could wish for better diplomatic relationships with the United States and Trump and just invent charges to keep the person there forever. There's literally nothing we can do is El Salvador indicates that they are keeping the person and there's nothing in the court system that can compel anyone to make those reasons clear.

That's the biggest thing about the difference between diplomatic and legal. In legal means, the Court system can ensure that people are following through on requirements. In a diplomatic means, it's just depends on who can butter who's biscuit the best. The Judge can tell the President to bring him back, but that means next to nothing when it comes to diplomatic matters.

[–] [email protected] 5 points 5 days ago* (last edited 5 days ago) (1 children)

He's not a citizen, he was a legal resident. The thing it's the next one could be since we're tossing out due process.

[–] [email protected] 1 points 14 hours ago

Even illegal aliens are protected by the US constitution--where was his due process?

[–] [email protected] 0 points 5 days ago

Because you’ve spent 40 years allowing your news media to be complicit.