Finally! Kilmar Ábrego García (and another) returned after illegal deportations

When El Salvador’s president Nayib Bukele visited the White House, he and Trump seemed to be treating the case of Kilmar Ábrego García, who had been wrongly deported by Trump to that country and was being held in a controversial mega-prison, as a joke. Trump coyly said that there was nothing he could do since Ábrego García was now under the jurisdiction of Bukele, and Bukele in turn said that he would not be released, despite demands from a US federal judge that he be returned. Then suddenly today, Ábrego García was brought back.

But that is not the end of his ordeal. The attorney general Pam Bondi has said that he faces criminal charges here.

In a press briefing on Friday, the US attorney general, Pam Bondi, said that a federal grand jury in Tennessee had indicted the 29-year-old father on counts of illegally smuggling undocumented people as well as of conspiracy to commit that crime.

In a statement to the Hill on Friday, Ábrego García’s lawyer Simon Sandoval-Moshenberg accused the Trump administration of having “disappeared” his client “to a foreign prison in violation of a court order”.

“Now, after months of delay and secrecy, they’re bringing him back, not to correct their error but to prosecute him,” he added.

Sandoval-Moshenberg also said: “This shows that they were playing games with the court all along. Due process means the chance to defend yourself before you’re punished – not after.”

Sandoval-Moshenberg said the White House’s treatment of his client was “an abuse of power, not justice”. He called on Ábrego García to face the same immigration judge who had previously granted him a federal protection order against deportation to El Salvador “to ensure that his case is handled as it would have been had he not been improperly sent” there.

Ábrego García also had no criminal record in the US before the indictment announced on Friday, according to court documents.

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Preparing for confrontations with CBP and ICE

Two couples who are friends of mine are traveling separately to Europe over the summer. Each couple consists of one US-born person and the other a naturalized citizen. When describing their holiday plans, they spoke only of their itinerary and what they looked forward to seeing and doing, By contrast, if I were to be making a trip by air, even within the US, Trump’s America now requires me to think of what I should do if I am confronted by agents of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). This is no idle concern on my part, since my political views could well trigger interviews with them.

My post about the detention and questioning at Chicago airport of social media activist Hasan Piker by CBP on his return to the US from a trip to France made me think about what might be going on behind the scenes that trigger such detentions. In Piker’s case, there did not seem to be any obvious clues such as past violations of the law. What the CBP seemed to be focused on were his public criticisms of Trump and of Israel. But even if there had been some legal infraction, even a minor one, what is the process by which ‘violators’ are identified and pulled aside for questioning?
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What you should do in the police state that the US has become

In Trump’s America, no one is safe from government harassment and abuse. As we have seen, anyone can be picked up while walking along the street by masked people, bundled into unmarked vehicles, and ‘disappeared’, just like what happens in the worst kinds of despotic regimes. The abducted person may end up in a distant detention center and kept in awful conditions or even deported to countries like El Salvador that are notorious for their terrible prisons. You can see a list of recent such cases here.

So it is a good idea for everyone to know what rights they have and what they should do if ever they ever find themselves being taken in and questioned by the police or agents of the government for anything at all, however minor it may seem, like a traffic stop. This one-minute long video by longtime civil rights attorneys Bill Goodman and Denise Heberle, who look like a pair of genteel grandparents, succinctly tells you exactly what you should do in such situations.


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Supreme Court blocks Trump’s efforts to quickly deport Venezuelans

In the previous post, I wrote about the Trump gang’s efforts to quickly deport large numbers of Venezuelans using the Alien Enemies Act of 1798 that has only been used three times in its history: the Civil War, World War I, and World War II, claiming that these people were members of the gang Tren de Aragua and formed the invading force of the Venezuelan government.

Today, in a 7-2 opinion (predictably with Samuel Alito and Clarence Thomas dissenting), the Supreme Court ruled that the detainees must be given time to challenge their deportations

The court emphasized that the men — whom the Trump administration has labeled “alien enemies” — are entitled to more due process than the administration has so far provided. That means advance notice of their deportations and a meaningful opportunity to challenge the deportations in court, the justices wrote in an unsigned opinion.

In particular, the justices faulted the administration for its attempt last month to carry out swift deportations just one day after providing a bare-bones deportation notice to the detainees. The Supreme Court intervened at the time to stop those deportations, and in Friday’s decision, the court elaborated on its decision and extended its order blocking them.

“Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” the court’s opinion said, without deciding exactly how much notice is required.

A small victory for due process against a government that has no regard for the law or human rights.

Rümeysa Öztürk released but not safe from further harassment

Finally, after being kidnapped during daylight hours in a public street near Tufts University where she was a graduate student by masked unidentified people in unmarked cars who were later revealed to be ICE agents, and then quickly transferred to an ICE detention facility in Louisiana, Rümeysa Öztürk was released today after 45 days in captivity. Her release had been ordered by a federal judge.

A federal judge on Friday morning had ordered Öztürk’s return to Vermont, where she was briefly held after being grabbed on the street by masked immigration agents near Boston, for hearings. But the judge decided not to wait for her physical transportation and she appeared remotely from Louisiana at the hearing in Burlington on Friday.

A federal judge on Friday morning had ordered Öztürk’s return to Vermont, where she was briefly held after being grabbed on the street by masked immigration agents near Boston, for hearings. But the judge decided not to wait for her physical transportation and she appeared remotely from Louisiana at the hearing in Burlington on Friday.

The ruling to release her came at the end of a hearing where the judge, William Sessions, said that the process by which she was placed in immigration detention “raises very significant due process concerns”.
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Supreme Court stops deportations

It has become clear that the Trump gang’s plan is to summarily detain and deport people before they have had a chance to challenge their detention in the courts via a habeas corpus petition. Once the people have been deported, they then claim that there is nothing they can do to bring them back, even if the plane carrying them was still in the air. This practice so enraged a district court judge James Boasberg that he began criminal contempt proceedings against the government because of their earlier defiance of his order to turn around planes that had been transporting people to El Salvador prions and then stonewalling his attempts to get them to give him a clear timeline of their actions.

A federal judge found probable cause Wednesday to hold the Trump administration in criminal contempt for willfully disobeying his order to immediately halt deportations under the rarely used Alien Enemies Act and turn around any airborne planes.

U.S. District Judge James Boasberg’s order gives the administration a final opportunity to come into compliance but says he otherwise will take steps to identify the specific people who flouted his March 15 ruling, which was later lifted by the Supreme Court, and refer them for prosecution.

In dispute is whether the government violated an oral order from Boasberg given around 6:45 p.m. that day to halt or turn around any flights carrying migrants. 

The White House has sought to sidestep that question, saying it complied with a 7:27 p.m. written order. In court, however, they have declined to provide Boasberg with flight details and have asserted the ability to do so under the state secrets privilege.

Boasberg on Thursday raised the specter that the administration’s delay in publicizing the proclamation could have been “trying to put measures in place to get people subject to the proclamation removed from the country before it’s possible to challenge” their deportation and before it could be blocked by a court.

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Appeals Court slaps down Trump

After the US Supreme Court said that the Trump administration needed to facilitate Kilmar Ábrego García’s release from a prison in El Salvador, they started, as predicted, playing word games to not do anything, arguing that ‘facilitate’ only meant that if he should turn up at the US border, they would let him in but that they need do nothing more. They had earlier admitted that sending him had been a mistake but said that since he was now in the custody of El Salvador there was nothing that they could do.

The president of El Salvador came to the White House and he and Trump gave a joint press conference where they yucked it up and seemed to find it highly amusing that an innocent man is now in a foreign prison separated from his family here, and has been reportedly traumatized by the experience. It was disgusting to see how little regard they had for the fate of an innocent man.

The case went before a three-judge panel from the 4th U.S. Circuit Court of Appeals and they blasted this line of reasoning in a unanimous opinion, saying that the word ‘facilitate’ did not allow the government to do nothing
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Supreme Court says Trump must return man illegally sent to El Salvador

I posted three days ago about how Trump faced his first major test before the US Supreme Court about the extent of his powers in a case involving a man who was sent illegally to a prison in El Salvador.

The Supreme Court issued a ruling today that Trump’s action has to be reversed.

The US supreme court upheld on Thursday a judge’s order requiring Donald Trump’s administration to facilitate the return to the United States of a Salvadoran man who the government has acknowledged was deported in error to El Salvador.

US district judge Paula Xinis last week issued an order that the administration “facilitate and effectuate” the return of Kilmar Abrego Garcia, in response to a lawsuit filed by the man and his family challenging the legality of his deportation.

The supreme court, in an unsigned decision, said that the judge’s 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”.
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Trump’s ‘act first and fight the courts’ policy faces first major test

[UPDATE: Chief justice John Roberts has lifted the midnight deadline today and asked lawyers to present written arguments by 5:00pm tomorrow (Tuesday).

The Supreme Court on Monday temporarily paused a court-imposed midnight deadline to return to the US a Maryland man who was mistakenly deported to El Salvador, agreeing to a request from President Donald Trump that will give the justices more time to consider the case.

Chief Justice John Roberts granted the “administrative stay,” a move that will extend the deadline until the court hands down a more fulsome decision in the case of Kilmar Armando Abrego Garcia, who was deported on March 15.

]

It is clear that Trump thinks that the president can do anything they want, the laws and norms of democracy be damned. He takes any action that he likes and then fights any challenges vigorously in the courts. He has been sued many times and lost in the lower courts but refuses to reverse the action, instead taking it to the next level of the Appeals Courts. So far, none of these cases have made it to the Supreme Court. The key question is what he will do if even that body, so friendly to him, rules against him.

Today we are going to see what happens in the case of a Kilmar Abrego Garcia who was deported to El Salvador and is being held there in a maximum security prison.

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Wisconsin and Florida elections

There were three major elections yesterday, two for congressional seats in Florida and one for a state supreme court justice in Wisconsin. The Florida seats were vacated by the resignations of Matt Gaetz and Michael Waltz. Gaetz, a controversial figure accused of having sex with underage girls as well as using drugs, did not resign because of that but because, incredibly, Trump had nominated him for the position of attorney general. But when even some Republicans viewed his nomination unfavorably, he withdrew it.

Waltz resigned because Trump appointed him as national security advisor, where he has recently been criticized for allegedly including the editor of The Atlantic magazine in a high-security chat group over the unsecured commercial channel Signal. It turned out that this was not the only unsecured group chat Waltz had created to discuss sensitive information, having created 20 more on Signal. He seems sloppy and incompetent to say the least.
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