d2jsp
Log InRegister
d2jsp Forums > Off-Topic > General Chat > Political & Religious Debate > Weak President Trump Can't Get Prisoner
Prev13456722Next
Add Reply New Topic New Poll
Member
Posts: 19,152
Joined: Nov 12 2005
Gold: 30.70
Apr 14 2025 03:28pm
In March 2019, Prince George's County, Maryland, police arrested Abrego Garcia with three other men in a Home Depot parking lot where they were seeking work as day laborers.[2][8] One of the men claimed Abrego Garcia was a "gang member," but The Atlantic reported that according to court filings, the man offered no proof and police said they did not believe him.[8] Abrego Garcia was never charged with a crime in connection to his arrest.[18]

Police handed custody of Abrego Garcia over to U.S. Immigration and Customs Enforcement (ICE) for deportation proceedings. In those proceedings, the government claimed that he was a member of the MS-13 criminal gang because "he was wearing a Chicago Bulls hat and a hoodie" and a confidential informant claimed that he was active with an MS-13 group based in New York.[2] An immigration judge determined that the informant's claim[19] was sufficient evidence for denying Abrego Garcia’s bond request, and another judge upheld that ruling, saying the claim that Abrego Garcia was in MS-13 for purposes of the bond determination was not clearly wrong.[17] Abrego Garcia has consistently denied any connection to MS-13.[20]

While awaiting resolution to his deportation proceedings, Abrego Garcia married his girlfriend in June 2019, and they had a child together later that year who is a U.S. citizen. His wife also had two children from an earlier relationship, and all three children have special needs.[2] Abrego Garcia and his family live in Maryland.[8][4]

In 2019, with his lawyer, Abrego Garcia fought allegations against him in deportation proceedings in court and applied for asylum.[21] His request for asylum was denied, as one must submit an asylum application within a year of arriving in the U.S.[2] However, the judge granted him "withholding of removal" status that would block his deportation to El Salvador due to the threat that gangs would pose to him, finding that "he was more likely than not to be harmed if he was returned to El Salvador."[8][22] He was granted a work permit,[23] and has lived and worked legally in Maryland since.[24]

You read this and your take away is that everybody is sure he is a terrorist that deserves to die because he entered the US illegally with 16 and despite a judge and literally all sc justices agreeing that he should not be deported?


Notice how you are trying to correct me saying "he is a terrorist"

Notice how I corrected you when you said "he is innocent"

See the problem?
Member
Posts: 50,698
Joined: Jan 20 2010
Gold: 4,861.00
Apr 14 2025 03:29pm
On April 10, the U.S. Supreme Court unanimously found Abrego Garcia's removal to El Salvador to be illegal. The court rejected the administration's defense that they had no jurisdiction over El Salvador to bring him back, with Justice Sotomayor noting that the argument implied the government "could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene." The administration has defended the deportation in the press by accusing Abrego Garcia of membership in the MS-13 gang, a U.S.-designated terrorist organization. No charges have been filed against Garcia.

You could read the wiki article in the first post and findd out that your highest court ruled 9-0 that it was illegal to deport him. There is literally no legal question about what happened.


Your post is simply wrong. That is the opposite of what the supreme court ruled. The supreme court explicitly ruled that the courts have no jurisdiction over foreign policy and cannot force the administration to effectuate the return of a person held by a foreign power, quashing the lower court order and holding only that the administration must facilitate a release and return from the limited scope of the American side. If El Salvador were to release the MS13 guy and return him on a flight to America, the court's order would compel the US to cooperate and return him all habeus corpus style. It cannot force El Salvador to do anything, nor order the president to force El Salvador to do anything.

As I said right at the start;

In this guy's case its a mistake since he had that oddball order barring his deportation to his home country despite being found a gang member. But its spilt milk, the government makes mistakes and it can't always correct them.


I could also be the next person hit by a police car during a high speed chase and a court order wouldn't be able to bring me back to life. Necromancy is beyond their jurisdiction, it belongs to bony men and god almighty
Just because the government has made a mistake does not mean it can necessarily rectify it, nor do courts necessarily have the power to do anything about it.
Of course the "mistake" in this case was failing to realize the courts had put in place an utterly insane order that no reasonable government official would expect to exist and so they had no reason to check.


He was deported to El Salvador in mistake despite the order prohibiting his deportation to El Salvador. Shit happens. The government and courts alike can recognize it as a mistake and against the rule of law, but that doesn't mean they have the power to grant any relief.
That's a pretty common theme in the judiciary: Just because something is illegal or wrong doesn't mean the court can remedy it.
Member
Posts: 8,944
Joined: Jun 19 2006
Gold: 687.30
Apr 14 2025 03:32pm
Notice how you are trying to correct me saying "he is a terrorist"

Notice how I corrected you when you said "he is innocent"

See the problem?


You are innocent until proven guilty in a court of law, that is such a main pillar of due process apparently people forgot what it meant. I say he might be a terrorist, I really don't know, neither does it matter. You have to follow the law if you want to deport him, that's the whole point. You can even kill him after determining he is a terrorist in a court, but you always have to follow the law.
Member
Posts: 8,944
Joined: Jun 19 2006
Gold: 687.30
Apr 14 2025 03:36pm


He was deported to El Salvador in mistake despite the order prohibiting his deportation to El Salvador. Shit happens. The government and courts alike can recognize it as a mistake and against the rule of law, but that doesn't mean they have the power to grant any relief.
That's a pretty common theme in the judiciary: Just because something is illegal or wrong doesn't mean the court can remedy it.


I will ignore the part where you try to misunderstand me on purpose and want to point out that at least we can agree that the government made a mistake. Do you think the government should be accountable for mistakes that very well may have killed somebody? Do you think processes leading to killings by the government by mistake should be stopped, revised, made more safe and only then be reinstated?
Member
Posts: 19,152
Joined: Nov 12 2005
Gold: 30.70
Apr 14 2025 03:36pm
You are innocent until proven guilty in a court of law, that is such a main pillar of due process apparently people forgot what it meant. I say he might be a terrorist, I really don't know, neither does it matter. You have to follow the law if you want to deport him, that's the whole point. You can even kill him after determining he is a terrorist in a court, but you always have to follow the law.


You didn't answer my previous question.

If the government has undeniable evidence not released to the public yet that he is indeed a terrorist, why on Earth should they follow the process and why on earth would you care if he is indeed a terrorist?
Member
Posts: 31,666
Joined: Dec 29 2016
Gold: 291,611.20
Warn: 10%
Apr 14 2025 03:36pm
You are innocent until proven guilty in a court of law, that is such a main pillar of due process apparently people forgot what it meant. I say he might be a terrorist, I really don't know, neither does it matter. You have to follow the law if you want to deport him, that's the whole point. You can even kill him after determining he is a terrorist in a court, but you always have to follow the law.


That's an immaterial argument in this case though.
Member
Posts: 19,152
Joined: Nov 12 2005
Gold: 30.70
Apr 14 2025 03:38pm
That's an immaterial argument in this case though.


:banana:
Member
Posts: 8,944
Joined: Jun 19 2006
Gold: 687.30
Apr 14 2025 03:40pm
You didn't answer my previous question.

If the government has undeniable evidence not released to the public yet that he is indeed a terrorist, why on Earth should they follow the process and why on earth would you care if he is indeed a terrorist?


I mean we are at the point where you just say you want the government to ignore due process, so what else is there to discuss?

I disagree with every fiber in my body, due process is what protects every single person in a country from their countries government. Let's hope you are lucky enough to never need it.
Member
Posts: 19,152
Joined: Nov 12 2005
Gold: 30.70
Apr 14 2025 03:46pm
I mean we are at the point where you just say you want the government to ignore due process, so what else is there to discuss?

I disagree with every fiber in my body, due process is what protects every single person in a country from their countries government. Let's hope you are lucky enough to never need it.


Due process is essential to a fair and just legal system. Nobody is arguing that.
Member
Posts: 31,666
Joined: Dec 29 2016
Gold: 291,611.20
Warn: 10%
Apr 14 2025 03:46pm
I will ignore the part where you try to misunderstand me on purpose and want to point out that at least we can agree that the government made a mistake. Do you think the government should be accountable for mistakes that very well may have killed somebody? Do you think processes leading to killings by the government by mistake should be stopped, revised, made more safe and only then be reinstated?



You either aren't getting anything laid out here or are being obtuse.
The government has sovereign Immunity here, that is a well known fact, and the injury you are alleging here is a temporal moot point, if they had done it by the books how long would that really have delayed deportation?
You'll have to wait until Michelle Obama, or AOC is president, and they decide to payout him tens of millions of dollars for no other reason than "Fuck America"
Go Back To Political & Religious Debate Topic List
Prev13456722Next
Add Reply New Topic New Poll