Reply to Trump admin ADMITS wrongful deportation

Forum Index » Political Discussion

Reply to "Trump admin ADMITS wrongful deportation"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Did he have due process?

Abrego Garcia did not.  That's why some of us are concerned. Maybe you don't know what "due process" is.  TBH, I didn't that in school.  I learned it later.  Maybe you haven't yet [/quote]

Yes he had due process.  The government made a mistake and did not follow the result of that due process.

He has been judged to be a danger to the community, denied bond, and found that the government could hold him in detention.
He was also found to be in danger if he was returned to El Salvador, so the government could not send him there.
What happened after that to allow him to not be held in detention is not clear.

However, the government can always deport him, and there is no additional due process required.
They just have to deport him somewhere other than El Salvador.[/quote]
They did the one thing a court ruled they could not do and they’re not only taking no steps to correct the error, but are actively fighting in the courts to for the right to make no attempt to correct it. That’s the exact opposite of the rule of law.[/quote]

The question now before the Supreme Court is whether a court can order the President to engage in foreign diplomacy to return someone to the U.S.  The Supreme Court ruled on a similar issue in Zivotofsky v. Kerry, 576 U.S. 1 (2015) (Recognition Clause).   Wrote Jefferson in 1790: “The transaction of business with foreign nations is executive altogether. It belongs, then, to the head of that department, except as to such portions of it as are specially submitted to the Senate. Exceptions are to be construed strictly.”[/quote]

They are just a contractor.  The regime is paying them to house these people.[/quote]

El Salvador is a sovereign nation.  He is a citizen of El Salvador.

Is the remedy here to violate Separation of Powers?[/quote]

Ah yes because Trump is so respectful of other countries sovereignty.  [/quote]

That's not the issue.

Does the Supreme Court have the authority to order a President to engage in foreign relations?  If those fail, can the Supreme Court order the U.S. military to invade another country to enforce its order?[/quote]

This is not actually the issue at hand.  The esteemed solicitor general is trying to switch arguments in midstream, which is bad lawyering.  And won't fly.

This is not a foreign relations or diplomacy issue, there's no separation of powers issue here to worry about. This is a due process issue, which is more powerful than the executive.  Neither the AG nor the president can override the constitution.  [/quote]

There is no due process issue.  He had due process.  The issue is that the US is paying El Salvador for the jailing, so they should be able to get him out.[/quote]
Part of due process is the system abiding by court orders. If they don’t have to abide by court orders, what is the purpose of court hearings? This is a mockery of the process.[/quote]

I think it’s fair to say that the courts are the ones that have been making a mockery of the process. This guy should have been deported on day 1, not given a free pass because he could tell some sob story. [/quote]
The immigration judge who ruled on this knows more about the law and this specific case than you do, so I’m not prepared to substitute your opinion for the judge’s ruling.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics