Comment on Why hasn't congress passed a law saying that you can only deport people *back to their own country*?
bamboo@lemmy.blahaj.zone 23 hours ago
Unfortunately for Kilmar Abrego Garcia, he is from El Salvador and in 2019, an immigration judge granted him withholding of removal status due to the danger he faced from gang violence if he returned to El Salvador.
dhork@lemmy.world 22 hours ago
Right. That is why the Administration position on this has some merit which the courts need to defer to. As an El Salvadoran who is back in his home country, the US cannot compel his release. All the US can do is ask nicely.
But, they haven’t even done that. Which is why the courts are so pissed. They know all this, and they know that all the administration has to do is prove they asked, in good faith. They won’t even go that far. They did that performative thing where the El Salvadoran President said “We won’t send him back since he’s a criminal”, but the courts in the US don’t consider him a criminal.
There is no better definition of “contempt of court” then what the US is doing right now.
bamboo@lemmy.blahaj.zone 22 hours ago
I know you’re not defending the administration, but I wouldn’t consider the administration’s position to have any merit. They sent him to the prison and are paying for him to be imprisoned there. Giving them an inch of credibility on technicalities just means they’ll continue to do what they’re doing.
dhork@lemmy.world 22 hours ago
But that’s the Court’s job, to look at all the technicalities. The Administration sent him there erroneously, but since he is there now neither US courts nor the administration can compel his release. The Courts need to acknowledge that, while also acknowledging that the Administration likely did it this way on purpose, and the whole “administrative error” thing is a crock of shit. But they can’t come out and say that. And that gives Trump a wedge to split the whole thing apart.
Fascists are good at using the fact that their opponents need to uphold the law against them.
VanillaFrosty@lemmy.world 20 hours ago
Your comment is correct as much as I hate it. But to the quoted portion, their opponents don’t need to. They choose to. And it drives me insane that they think that we can operate within the system the fascists are actively ignoring to fix this. The “normal way” things are done is gone, it’s time to stand firm and take action.