Supreme Court Sides With Wrongly Deported Migrant

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Why would El Salvador send an El Salvador citizen back to United States. That doesn't make sense.


Why would they imprison him when he has not been charged with any crime here or there? That doesn't make sense. The only reason they would do that is because we are paying them to. (And admittedly that doesn't make sense either, when he has not been charged with anything here or there.)


Due to extreme gang violence terrorizing the country, El Salvador passed an emergency state of exception in March 2022. They were the murder capital of the world. Under the special powers, the right to association is suspended, police don’t have to tell someone being arrested the reason or inform them of their rights. Someone arrested does not have a right to a lawyer, mass trials are allowed and there is no longer a right to a speedy trial. It is against the law in El Salvador to have any gang connections. There is a law that criminalizes the creation, distribution, or display of any visual expression that alludes to gangs. So the fact that there is a gang report from the US naming him associating with MS-13 gang members and is maybe a gang member and he maybe has gang tattoos on his hands is enough in El Salvador to imprison you for any one of those offenses.

El Salvadorans had reached their limit and decided the trade off was worth it because how miserable the conditions were when gangs were terrorizing the country killing, extorting, raping, etc. Just like we imprison people and hold people in Guantanamo Bay without a trial and without charges for over 20 years. We decided it was worth it to defend our country against terrorism.


So it’s ok to deny people due process? That’s insane. And as the past few months have shown, innocent people end up being hurt by this system. It’s why we have laws and a constitution. This is not a monarchy where the king decides who gets his head chopped off.


A hearing that he lost, and an appeal that he lost, is not due priocess?

If you get a speeding ticket, challenge it in court, lose, appeal, then lose again, were you denied due process?


If you get a speeding ticket, lose in court and then lose on appeal, you have to pay the ticket. But the government cannot then ship you off to a prison in El Salvador. That’s essentially what happened here.


If you get a speeding ticket in Italy, lose in court, then lose an appeal, you have to pay the ticket and GO HOME. They shipped him back to his home country.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Why would El Salvador send an El Salvador citizen back to United States. That doesn't make sense.


Why would they imprison him when he has not been charged with any crime here or there? That doesn't make sense. The only reason they would do that is because we are paying them to. (And admittedly that doesn't make sense either, when he has not been charged with anything here or there.)


Due to extreme gang violence terrorizing the country, El Salvador passed an emergency state of exception in March 2022. They were the murder capital of the world. Under the special powers, the right to association is suspended, police don’t have to tell someone being arrested the reason or inform them of their rights. Someone arrested does not have a right to a lawyer, mass trials are allowed and there is no longer a right to a speedy trial. It is against the law in El Salvador to have any gang connections. There is a law that criminalizes the creation, distribution, or display of any visual expression that alludes to gangs. So the fact that there is a gang report from the US naming him associating with MS-13 gang members and is maybe a gang member and he maybe has gang tattoos on his hands is enough in El Salvador to imprison you for any one of those offenses.

El Salvadorans had reached their limit and decided the trade off was worth it because how miserable the conditions were when gangs were terrorizing the country killing, extorting, raping, etc. Just like we imprison people and hold people in Guantanamo Bay without a trial and without charges for over 20 years. We decided it was worth it to defend our country against terrorism.


So it’s ok to deny people due process? That’s insane. And as the past few months have shown, innocent people end up being hurt by this system. It’s why we have laws and a constitution. This is not a monarchy where the king decides who gets his head chopped off.


It is okay to deny people due process if you are in Guantanamo Bay. I don’t understand how people can ignore we imprison people without due process 90 miles offshore on a US military base. Everyone upset about this case should be upset Guantanamo Bay is still open. How about we clean house first?


Blanket assertions of violation of due process is a smoke screen. You don't even know what due process is and who is due what.


Blanket assertions of violation of due process are never a smoke screen. What is happening with deportations to El Salvador is wrong. Ignoring court orders is wrong and hugely concerning. However, we cannot claim to be a rule of law democracy if we don’t scrupulously follow the rule of law under the most challenging circumstances and even when the alleged acts are heinous. We cannot be a moral beacon so long as Guantanamo is open and we are holding prisoners there. It is long past time to close Guantanamo.

From an article in the NYT on April 21, 2025
https://www.nytimes.com/interactive/2021/us/guantanamo-bay-detainees.html

Since 2002, roughly 780 detainees have been held at the American military prison at Guantánamo Bay, Cuba. Now, 15 remain. Of those, 9 have been charged with war crimes in the military commissions system — seven have yet to be put on trial and two have been convicted. In addition, three detainees are held in indefinite law-of-war detention and are neither facing tribunal charges nor being recommended for release. And three are held in law-of-war detention but have been recommended for transfer with security arrangements to another country.

Why this is relevant is after 9/11 too many people were fine with what was going on at secret prisons around the world and Guantanamo Bay. I remember being so perplexed how, John Yoo, the author of the Torture Memos wasn't disbarred and stayed a professor at UC Berkeley.

Here is an interview with Madeline Brand on All Things Considered back in 2010 interviewing John Yoo after publishing a book. Read this and think someone on Trump's team must have his book:

I recently spoke with John Yoo about those memos, any regrets he may have - he does have one, and why he thinks it's important for a president to be so powerful.

Professor JOHN YOO (Law, University of California, Berkeley; Author, "Crisis And Command"): We need a powerful president because we have periods of emergency, crisis and even war where we need part of the government that can act quickly in response, that the powerful president isn't necessary all the time. It's someone who we need to come forward and address unforeseen events and circumstances.

BRAND: You argue in the book that the greatest presidents come forward during times of crisis to do that, to seize power when they can, and to expand the role of the executive.

Prof. YOO: That's right. You look at who most scholars think are our greatest presidents, men like Washington, Lincoln and FDR. These are presidents who were no shrinking violets. They embraced their power. They used their powers vigorously to attack the challenges of their day and often - or sometimes in direct conflict with the Congress and the Supreme Court.

The other thing is that we have had bad presidents. And one thing I try to do in "Crisis And Command" is write about some of our bad presidents. And often, they were people who when confronted by these same challenges, retreated and shrunk into a shell, and asked Congress or the courts to take the lead.


BRAND: But when we were looking at what is commonly called the war on terrorism, it's often seen as an unending war. And so, how do these powers get put back in the bottle if you have an unending war?

Prof. YOO: I share your concerns. And the hard thing is how do we figure out when the war against al-Qaida, the war with other terrorist groups is going to be over, when they're not a nation state. There's no territory to conquer. There's no armies to fight in the field. How do we know when the war is over? I think that's a very fair and difficult question because it's that point when the president's powers will recede.



Anonymous
Anonymous wrote:DHS has responded to the status request with nonsense.




Well well, sure seems like Trump DOJ was lying to the court:

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