Including the entire article so I can try to parse the details. Sharing my thoughts as I read.
So they kinda have to try to bring this man home, but there’s no hard deadline?
Wow, that’s a lot of weasel words in that ruling!
WASHINGTON — The Supreme Court on Thursday said that the Trump administration is required to “facilitate” the release of a Maryland man who was wrongly deported to an El Salvador prison.
The court partly granted and partly rejected an emergency request filed by the Justice Department contesting a judge’s order that Kilmar Abrego Garcia be retrieved from a prison in El Salvador where he was sent on March 15 along with alleged Venezuelan gang members.
“The rule of law won today. Time to bring him home,” Andrew Rossman, one of Abrego Garcia’s lawyers, said in an email.
The decision means the administration does not immediately have to try to return Abrego Garcia to the United States because a judge-imposed deadline has already expired but “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps,” the unsigned decision said. ⬅️ That’s a lot of weasel words.
The district court judge may have exceeded her authority in saying the government had to not just “facilitate” but also “effectuate” Abrego Garcia’s return, the court added. The judge has to “clarify its directive, with due regard to the deference owed to the executive branch in the conduct of foreign affairs,” the court order said. ⬅️ WTF?
There were no dissenting votes, but the court’s three liberal justices signed onto a separate statement authored by Justice Sonia Sotomayor saying they agreed that “the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador.” ⬅️ Good for her!
But Sotomayor added that she believed Chief Justice John Roberts should not have issued a temporary stay on Monday that meant the deadline for the government to act was missed. ⬅️ Ditto.
Abrego Garcia was mistakenly deported to a notorious El Salvador prison on March 15 as part of the Trump administration’s aggressive and heavily contested plan to send alleged members of Venezuelan gang Tren de Aragua there.
Immigration officials allege Abrego Garcia, who entered the United States illegally, is a member of the MS-13 gang but have conceded he should not have been sent to El Salvador, his country of birth, calling it an “administrative error.” ⬅️ WTF? Administrative error SHRUG??!?!
Abrego Garcia lived in Beltsville, Maryland, with his wife and three children, all of whom have special needs. He came to the United States to escape gang violence, his lawyers say.
In 2019, the government began an effort to deport him, alleging that he was an MS-13 gang member. An immigration judge ruled Abrego Garcia could not be deported to El Salvador because there was “a clear probability of future persecution.”
Until he was detained in March, he worked as a sheet metal worker in Maryland and checked in with immigration officials when required, his lawyers said.
Last week, Maryland-based U.S. District Judge Paula Xinis ordered that the government “facilitate and effectuate the return” of Abrego Garcia by 11:59 p.m. on Monday.
After failing to overturn the finding at an appeals court, the Trump administration turned to the Supreme Court.
Solicitor General D. John Sauer wrote in court papers that judges do not have the power to “seize control over foreign relations” by forcing officials to negotiate with El Salvador. He said the Trump administration has guaranteed that no one deported to the prison in El Salvador will be tortured.
Abrego Garcia’s lawyers described his removal to El Salvador as a “Kafka-esque mistake,” saying the Salvadoran government was not actively seeking his extradition and that he had never been charged with a crime.
His case is the latest high-profile legal battle arising from President Donald Trump’s attempt to exert broad presidential power to deport immigrants, often leading to claims that their rights have been violated.
A Justice Department lawyer in the case was placed on administrative leave because of comments he made in court when he told the judge he was “frustrated” that he could not answer some of her questions. ⬅️ What is this about?
In another case, the Supreme Court on Monday blocked a ruling by a federal judge that prevented Venezuelans being deported under a rarely invoked law called the Alien Enemies Act. ⬅️ Ugh.
Ben Wikler is Passing the Torch in Wisconsin
Jackie
I only hope he’s returned ALIVE.
Suzanne
I have my doubts he’s alive.
ETA: I see others are on the same wavelength.
Rusty
We shouldn’t forget that all the prisoners were denied due process, and they were removed under an 1798 law that is complete inapplicable to their situation. Even with his return, there has been gross injustice.
JoyceH
If he’s actually returned, do you think the administration would prevent him from showing himself in public, or even giving interviews? (I know – fat chance.) I hope he’s following the example of our Vietnam POWs and keeping a mental record of the names and other circumstances of the other non-gang members also kidnapped and gulaged.
BellyCat
Now, THAT is an optimistic interpretation. JFC…
WaterGirl
@BellyCat:
“The rule of law kinda sorta won today”
The Audacity of Krope
@BellyCat: “The rule of law has had a provisional victory dependent on the lawless administration’s response” doesn’t have the same ring to it.
Scout211
This is also frightening:
No Nym
I think “facilitate” was the ultimate weasel word. These are the people for whom calling back an airplane was impossible.
The Audacity of Krope
Very clearly people who understand the Constitution…
WaterGirl
@Scout211: I was wondering earlier today. Does “expelled” mean “you have x number of days / weeks to make arrangements to leave the country for somewhere else”?
Or does it mean they can pick you up, stick you on a plane to some hellhole, and imprison you forever?
Bupalos
@JoyceH: they’re still going to detain him and keep him in process for deportation I think.
The Audacity of Krope
Perhaps expelled will be their latest abuse of the English language to manipulate legal interpretations so they can “expel,” not “deport” lifelong citizens.
different-church-lady
@WaterGirl: The rule of law cleared its throat a bit today.
MagdaInBlack
@Suzanne: Yup. Been on that wave-length since the beginning of this shit.
The Audacity of Krope
It was sounding a little rough.
Nukular Biskits
Good evenin’, y’all. Just a fly-by … really tired.
Gonna write more about this this weekend but I’m absolutely drained at all the bullshit from Trump, his toadies, the supposedly “liberal” media and my bootlicking congressional reps. Particularly the latter because they won’t listen, won’t even acknowledge people like me even exist.
If I ever win the Powerball and/or Megamillions jackpots, the first thing I’m going to do is run attack ads against every fucking Republican in the state, even the proverbial dog-catcher.
How are the rest of y’all dealing with this avalanche of shit?
JoyceH
BTW, while it was heartening to see all those protests last weekend, are there protests where Trump actually is? For instance, every weekend we KNOW he goes to Mar a Lago, and while there he motorcades to Doral to play golf every day. So there need to be protests at the entrance of MAL and also at Doral. Peaceful, of course, but persistent, hopefully high numbers, and some punchy and cogent signs. He had one of those North Korean style Dear Leader cabinet meetings today – you KNOW he never gets the slightest inkling that he’s anything other than magnificent so long as he stays on government property or his own property, so he needs to see some opposition whenever he’s in public.
Suzanne
@MagdaInBlack: I’m worried about Andry Hernandez, too. As well as all the others.
NotMax
@Nukular Biskits
Are proverbial dogs common in ol’ Miss?
//
WaterGirl
@Suzanne: Is he the fellow from Maine? I was wondering about him just this morning.
Nukular Biskits
@NotMax:
I must be tired as that went completely over my head.
Scout211
The idea is good but I would not recommend anyone protesting anywhere near Trump’s properties. I may be overly paranoid, but who would stop the forceful arrest of all of the protesters by his
jackbooted goon squadsecurity team? Due process? Rule of law? Nope, that would not be safe at all, even for white haired, white skinned senior citizens.BellyCat
The rule of law hawked up a loogie today, but only swallowed half of it.
Best regards,
The Committee for Constitutional and Judicial Pedantantry
WTFGhost
Since you asked what that was about: a lawyer was asked to provide answers to questions by a frickin’ JUDGE. Now, a lawyer has to be responsive when an actual judge tells the lawyer to be responsive. That’s what it means to be “an officer of the court.”
Well, this lawyer said “I asked the right people, the right questions, and I have not received an answer, and I’m frustrated by my inability to respond.” This is a duty, of an attorney, as an officer of the court.
Well, Bondi put the lawyer on leave for saying that. The lawyer was supposed to bullshit the judge, and stall, while not providing the information that the judge demanded. That’s not ethical. The lawyer did what lawyers are supposed to do.
Now: the Trump administration wants lawyers to go beyond that boundary – they want lawyers to bullshit, and stall, even when (as officers of the court) that is ethically disallowed. You see, as long as a lawyer pretends to have serious legal questions or reservations, the courts must address them – but no lawyer is allowed to pretend to have a serious legal question, when there are no serious legal questions to be answered.
Ah – but who can prove that a lawyer is lying, about having a serious legal question? Only the lawyer him/herself, and that would require confessing to unethical behavior. It’s kind of like the mob using lawyers to relay messages. Everyone knows it’s illegal and unethical, but, because of the need for attorney-client privilege, no attorney can be forced to confess that they relayed messages for the mob. (Those that do usually end up having a fish sent to their last known address – “he sleeps with the fishes” cf: the Godfather trilogy)
Anyway: you were right to call that out. It really is an egregious violation of the rule of law, for which Republicans clearly don’t give a flying fuzzy and a fruitbat. Not even a dead fruitbat!
NotMax
Open thread? Damn about time.
MagdaInBlack
@Suzanne: Yes, I could not recall his name. And yes, all of them.
NotMax
@Nukular Biskits
Joking around with “proverbial dog catcher.”
:)
WTFGhost
@Nukular Biskits: Proverbial dog catchers would catch proverbial dogs.
WaterGirl
@WTFGhost: Thank you, that was illuminating. That guy won’t last long at the DOJ.
All ethical attorneys at the DOJ should resign. Better to work at McDonald’s than be part of this administration.
scav
The quality of their evidence (when they even bother) is stellar!
Martin
@NotMax: This makes me nervous. Incentivizing risky behavior usually doesn’t work out well.
I know these are professionals. Also 3 people died under John Landis’ watch, and Alec Baldwin shot and killed someone.
WaterGirl
@scav: Oh my god, they are fucking idiots. Evil and careless, with no regard for human life
edit: Note to self, do not get a tattoo.
God help us if ear piercings are a problem. That would be a good way to get rid of all the uppity womens.
Suzanne
@WaterGirl: He’s the gay makeup artist.
WaterGirl
@Suzanne: So many people caught up in this for no discernible reason. It’s horrifying. The people responsible sleep like babies, I’ll bet.
What I can’t figure out is this. Don’t the people in this administration have brothers and sisters and parents and children who are horrified and speaking up????
Jackie
@WaterGirl:
Sadly, FFOTUS and his ilk don’t consider who they’re deporting as humans. None of them.
WaterGirl
@Martin:
I don’t know how you get over something like that. My Dad hit (and killed) someone who walked in front of a bus and walked right in front of my dad’s car. That was before I was born, and my dad never drove again.
WaterGirl
@Jackie: It’s horrifying.
What % of the population knows what’s going on, do you think?
I am willing to bet that neither of my two sisters know. That’s 66% of our family.
If I told the religious one she would pivot to the millions of babies murdered every year. If I told the disengaged one, she wouldn’t believe me. So disheartening.
edit: I would like to append the word depressing to that.
Suzanne
@WaterGirl:
IME, people like this either have family who are total true believers, or they have family who loathe them. Very little in between. Think of Paul Gosar.
I push back when I see people try to shame others for not being able to “convert” their family members. As if one more screaming fight at Thanksgiving would make the difference. As I noted, I observe many, many more families where politics are discussed and are an immense source of pain.
glory b
Black women tried to tell everyone.
Urza
@WaterGirl: No, people should not be resigning. If they’re forced out thats one thing but allowing consolidation of power without anyone to slow anything down or leak is how this gets even worse.
Urza
@WaterGirl: I had a conversation with a coworker today. He doesn’t like the tariffs, but he felt something needed to be done because China had 30% tariffs on our products. It took me less than minute to find that that hasn’t been true since 1992 and its closer to 5% which is actually high compared to most countries. But this person has been wrong often because their information sources are bad and they don’t get new ones even when its pointed out.
WaterGirl
@Urza: I take your point.
WaterGirl
@Urza: Willful ignorance? Or total intellectual laziness?
MagdaInBlack
@WaterGirl: Yes, to both.
sentient ai from the future
@WaterGirl: by way of answering your question, one of the appeals lawyers i follow on bluesky (matthew stiegler) has proposed an automatic-habeas-filing machine so that these fucking goons can’t just whisk you off unless you have a habeas filing conveniently stored in your rectum, which is essentially what the DoJ was saying that ICE had the authority to do.
it’s beyond awful.
Urza
@WaterGirl: Poor choices on what to keep believing. So many people don’t put down an info source thats proven wrong or even look for a mea culpa from it. One reason i’ve been reading Balloon Juice since Schiavo is that people admit if they make a mistake which is rarely needed
So few people seem to bother looking past their childhood programming.
WaterGirl
@sentient ai from the future: what part of if they can do it to them they can do it to you do those people just not understand?
Gretchen
Khalil’ s wife was 8 months pregnant when he was kidnapped so he’s probably missed the birth and the newborn period, and will miss the whole childhood if Rubio has his way.
The one that haunts me is the Georgetown post-doc, who like Khalil and the MIT student, was also kidnapped while heading out for a break-fast meal at the end of Ramadan. It’s like they were waiting outside everyone’s mom’s house right before Christmas dinner, using their religion against them. One of his kids stopped speaking when he was taken. Lots of traumatized kids.
Jackie
@WaterGirl:
I’m more concerned about the percentage who secretly or openly agree. I can’t perceive America ever recovering from this Administration. We’re only two and a half months into this, and I can’t even conjecture what new atrocities FFOTUS will hit us with next week, let alone the next three plus years.
YY_Sima Qian
Mr. Garcia may suffer from life long PTSD from the ordeal, he should sue the USG.
tobie
No timeline given for the “facilitating” of the release. Lots of hair-splitting about “effectuating” that the admin can use to deflect and defer and appeal to SCOTUS again. Next time SCOTUS will declare that the judge did not “offer due deference to the executive branch to conduct foreign policy.” Finally the order makes it all but impossible for the judge to rule that the Trump admin is in contempt. Nauseating. This is not a win for Abrego Garcia. Trump says, “Jump,” and Roberts and his henchmen say, “How high, Sir?”
dnfree
@WaterGirl: Ear piercings? It would also affect a lot of men. Not to mention lots of other locations for piercings.
sentient ai from the future
@WaterGirl: oh, about the tattoo.
elsewhere in the court spaghetti there is an admission that Tren de Aragua, as a gang, is not the sort of gang that gets tattoos. the central/south american gang most famous for its members’ tattoos is MS-13, but the admin is only now getting around to calling that gang out specifically.
the arbitrariness of all this is, intended or not, a message from the bullies in charge. it’s straightforward authoritarianism.
Ruckus
@WaterGirl:
it mean(s) they can pick you up, stick you on a plane to some hellhole, and imprison you forever.(?)
A lot depends on whom you ask. But my opinion is “NO FUCKING WAY!”
Having said that, I’m just a citizen, who served in the military during a war – joined, not drafted – better chance of not ending up in a casket. This semi truck load of bullshit from the shitforbrains maladministration is over fucking flowing. (If you didn’t swear at least once per sentence in the USN, no one would believe a word you said and I’m having a difficult time believing that has changed in the last over half a century)
Gvg
They need to be required to document their causes for stating every tatoo is a gang tatoo, including which gang, and the connection to the individual they are accusing.
Also the person (s ) putting sign on the list should be required to sign their work.
Otherwise judges should just throw all accusations out automatically.
New Deal democrat
From Steve Vladeck:
https://bsky.app/profile/stevevladeck.bsky.social/post/3lmimuvzdis27
“ The problem with this ruling is the presumption of regularity. In any other administration, a remand with instructions to facilitate Abrego Garcia’s return would lead to honest representations about what is—and isn’t—possible. In this administration, there’s no reason to expect straight answers.”
To which one reply read:
“ This is going to be 2 more years of the district court ordering the govt to do x, the govt appealing on the basis that they can only do y, the Supreme Court reversing for the district court to determine whether the gov’t can really do x, followed by the govt arguing on remand that they can only do z”
I think the reply got it about right. This is typical Roberts, leaving a trap door allowing T—-p to do what he wants.
Ruckus
@Nukular Biskits:
How are the rest of y’all dealing with this avalanche of shit?
Shoveling away and getting extremely tired of having to put up with it.
Ruckus
@WaterGirl:
That’s MALadministration.
Nettoyeur
@The Audacity of Krope: The USSR used to expel citizens for having opinions the govt did not like. For example, Aleksandr Solzhenitsyn. The Argentinian (Videla) and Chilean (Pinochet) dictators used to expel troublesome people from airplanes into the sea.
TooManyJens
A lawyer I trust said the hair-splitting over “effectuate” is because while the court can order the administration to do the best they can to bring Abrego Garcia back, they can’t order the president to, say, invade El Salvador to get him back if Bukele decides not to let him go. That’s where the part about not having authority over foreign affairs comes in. So they have to soften it a bit to “facilitate.”
And the district court they remanded to just issued the order with the new language.
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lmiziqj7ak2h
Darkrose
Updates from Chris “Law Dork” Geidner:
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lmiyoistok2h
BREAKING: Judge Paula Xinis issues an order following tonight’s Supreme Court ruling, ordering the government to “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.” [1/2]
Xinis also orders DOJ to file a declaration by 9:30a Friday detailing where Abrego Garcia is and what steps have been and will be taken to facilitate his return.
Finally, she also has scheduled a status conference for 1p Friday.
Order: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.51.0.pdf
Background at Law Dork: https://www.lawdork.com/p/breaking-scotus-says-trump-admin
Jackie
@Darkrose:
Knock on wood this order has clout!
Timill
@Jackie: All available steps, like offering to trade Gorsuch and Kavanaugh for Abrego Garcia…
Chacal Charles Calthrop
@WaterGirl: I have on my bookshelf the memoir of Emma Goldman who was deported to Russia. She was told to surrender to the Federal authorities by a certain day, which she did, and was then imprisoned on Ellis Island with everyone else who was going to be deported. At midnight they were told to get out of bed and by 4:00am they were on a ship bound for the new Soviet Union.
Im pretty sure everyone now gets arrested first, and then shipped out the way this guy was sent to El Salvador.
Grover Gardner
They’re not going to find him.
Parfigliano
@Grover Gardner: They will never admit he’s dead.
Gloria DryGarden
@Timill: i do like your thinking..
brantl
@Scout211: That’s some deep 110% horseshit, there!