Supreme Court says Trump admin must 'facilitate' release of man wrongly deported to El Salvador prison

[LetMyPeopleVote]

This makes me smile
https://bsky.app/profile/mommamia.bsky.social/post/3lmim5moezs2s

Link to tweet

https://www.nbcnews.com/politics/supreme-court/supreme-court-trump-admin-must-facilitate-release-kilmar-abrego-garcia-rcna200284

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 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.

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.

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."

[Silent Type]

1. Short of locking trump admin up for life, I guess that's a decent ruling. We'll see what happens.

[Biophilic]

2. I so hope this happens for several reasons.

Justice for Kilmer, the importance of the SC standing up for the law and the constitution, and a middle finger to trump and his gang of low level humans. This would be just a drop in the bucket, but I’ll take any wins right now.

[senseandsensibility]

3. Well, that's good

but of course it never should have gotten to this point.

[newdeal2]

4. FDT and

Hopefully this guy gets some justice.

[LetMyPeopleVote]

5. SCOTUS will require the Trump Administration to "facilitate" the release of immigrant Kilmar Abrego Garcia

Link to tweet

[Irish_Dem]

7. What happens if Trump and Bondi refuse to follow the SC order?

[LetMyPeopleVote]

12. You do not want to piss off all 9 judges on the SCOTUS

[Irish_Dem]

13. You and I wouldn't, but Trump doesn't care.

What power do they have over him?

[LymphocyteLover]

20. he will need their help in the future, for one

unless he wants to eliminate them, which I don't think he wants to do at this point

[Irish_Dem]

24. He would go after them in a heartbeat if they truly cross him.

Until that point, he can just ignore them.
Bondi has already told department heads that they are to ignore court orders.

[LymphocyteLover]

25. Good morning, sunshine!

[Irish_Dem]

26. Underestimate Trump at your own peril.

He is a ruthless psychopath and someone is cranking him up even worse than usual.
He is drunk on his own narcissistic ego supply and out of control.

[LymphocyteLover]

30. I'm not one who under-estimates him. I just am one who tries to look for reasons for hope

[Irish_Dem]

31. First it is necessary to face reality as hard as that may be.

Real hope is reality based, not based on fantasy and delusion.

This is crucial especially when the facts are dire.

I come from a military family. We fight to the end.
And we always have some hope to prevail.

But we first face reality based on facts.
And look for a toehold to prevail.

[LymphocyteLover]

38. it is definitely good to understand the worst possible outcomes and be prepared for them

[bluestarone]

6. So, BONDI what say you NOW??

SC order. Are YOU and TSF gonna say fuck the supreme court?

[yellowcanine]

8. Maybe they can send the dog killer there in his place.

[LetMyPeopleVote]

9. A victory for the rule of law.

Link to tweet

[Norrrm]

10. "Trump officials have argued that they have no power to return Abrego Garca because he is now in the custody of El Salv

https://www.democraticunderground.com/10143435360

"Trump officials have argued that they have no power to return Abrego García because he is now in the custody of El Salvador."

Bullshit!

America is paying to keep him there.

Stop paying.

[LetMyPeopleVote]

11. A 9-0 Supreme Court UPHOLDS a court order requiring the Trump administration to bring Garcia, back to the US

Link to tweet

[pnwmom]

17. Not exactly. Everything hinges on what "facilitate" means and how that differs from "effectuate."

They say he is required to facilitate but not effectuate the return.

[usedtobedemgurl]

14. This means all of them should come back

And get their due process. I do not trust the others are gang members. We have a process for reasons.

[Volaris]

15. My fear is, theyll hem and haw and drag their feet until

There isn't anything left to bring back except a body in a bag that can't talk to the Press or file the biggest damn civil rights lawsuit in American history.

[Cha]

16. Ha! Mump & Toadies had to have the SC to Intervene to

tell them How to Do their Business... Stupid Fucks.

[Jit423]

18. Trump tells SCOTUS that they must abide by their own rulings and STFU! nt

[LetMyPeopleVote]

19. Deadline: Legal Blog-Supreme Court says Trump officials must 'facilitate' release of wrongly deported man

I love the Deadline Legal Blog-“He sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake,” Kilmar Abrego Garcia’s lawyers said.
https://bsky.app/profile/tanyashklyarov.bsky.social/post/3lmiqvbmcck2y

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-ruling-deported-el-salvador-trump-abrego-garcia-rcna200107

The Supreme Court said Thursday that the Trump administration must “facilitate” the release of a man the government admitted it wrongly deported to El Salvador, sending the case back to the judge who ordered his return for further clarification of her order and leaving the ultimate fate of the case unclear.

After the Trump administration admitted that it had wrongly deported Kilmar Abrego Garcia to El Salvador, a federal judge in Maryland had ordered the government to “facilitate and effectuate” his return by 11:59 p.m. Monday, April 7. A federal appellate panel declined the administration’s request to halt the judge’s order, but Chief Justice John Roberts temporarily granted the request on the afternoon of that midnight deadline, pending further word from him or the full high court.

That word came Thursday with an order that said the judge had properly required the government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. But the order also said that the “intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” adding: “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”

In statement accompanying Thursday’s order, the court’s three Democratic appointees said they would’ve declined to intervene in this litigation and effectively held the government to the judge’s directive.

“Nevertheless, I agree with the Court’s order 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,” Justice Sonia Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson. “That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard, in any future proceedings.”

“In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law,” Sotomayor added, with “remand” referring to the process of a case being sent back to a lower court......

Notably, the Supreme Court majority said in that case that people facing deportation under the Alien Enemies Act are still entitled to due process. In a filing to the justices on Tuesday, Abrego Garcia’s lawyers cited Monday’s Alien Enemies Act ruling in writing that, while his case doesn’t involve that act, the court’s due process protection in that case “supports Abrego Garcia’s position that the Government violated his due process rights by removing him to El Salvador.” They wrote that the justices’ unanimous insistence on due process “underscores that Abrego Garcia — who was removed without reasonable notice or an opportunity to challenge his removal before it occurred, and in conceded violation of a court order prohibiting his removal to that country — must have a remedy for this constitutional violation.”

The DOJ should do everything possible to obtain the return of Mr. Garcia. The SCOTUS is clear that there will be need a real reason for the DOJ to not take all possible steps to facilitate this return

[lindysalsagal]

21. We used to worry about foreign terrorists doing our people harm, not potus

He should sue the government for millions.

[Polybius]

22. What is El Salvador says no?

Are we legally required to go there with force and get him back?

[LetMyPeopleVote]

23. The Us may have to stop paying El Salvador and this could be grounds to cancel contract

[k_buddy762]

27. A sad day for America

when SCOTUS needs to rule on, order, and mandate from the bench SIMPLE HUMAN DECENCY!!!!

[LetMyPeopleVote]

28. The trial court judge is moving fast to get answers

Link to tweet

[doc03]

29. Seems like weak toothless order to me. I predict Kilmar Garcia will never be

returned to the USA. It's just a made to order decision for Trump to endlessly skirt the law.
If he is really locked up with gang members, will he survive to be brought back.

[doc03]

32. Facilitate make it easy or easier for something

to happen. From that spineless order Trump can drag it out forever just like he has with the law his entire life.

[LetMyPeopleVote]

33. The bad faith stalling has begun

This poor man is in a hellish place and the trump administration wants to delay responding to the trial judge's requests for information. This is bad faith

Link to tweet

[LetMyPeopleVote]

34. Abrego Garcia opposes govt motion to postpone.

Link to tweet

[LetMyPeopleVote]

35. JUST IN: Judge Xinis *grants* the government a partial extension ... to 11:30 AM.

The judge is not happy

Link to tweet

[LetMyPeopleVote]

36. Judge scolds DOJ for demanding delay in mistakenly deported man case

This judge is getting pissed at trump's DOJ

Link to tweet

https://thehill.com/regulation/court-battles/5244546-judge-trump-doj-mistakenly-deported-man/

The federal judge who ordered the Trump administration to try to return Kilmar Abrego Garcia, the man mistakenly deported to El Salvador, scolded the Justice Department for demanding more time to update the court on next steps.

Following the Supreme Court’s ruling Thursday evening that upheld the thrust of U.S. District Judge Paula Xinis’s order, she scheduled a Friday hearing in her Greenbelt, Md., courtroom at 1 p.m. EDT.

The Justice Department asked Xinis to postpone the hearing until next Wednesday and delay a Friday morning deadline to provide a written update, saying the timeline was “impracticable.”

The judge agreed to give the government two additional hours to provide the written update but declined to move the hearing, chastising the Justice Department for its demand.

“First, the Defendants’ act of sending Abrego Garcia to El Salvador was wholly illegal from the moment it happened, and Defendants have been on notice of the same,” Xinis wrote.

She went on to say that the government’s suggestion that it needs “time to meaningfully review a four-page Order that reaffirms this basic principle blinks at reality."

[LetMyPeopleVote]

37. BREAKING: DOJ says it won't comply with Judge Xinis' order because the deadline she set is "impracticable."

This will piss off the judge

Link to tweet

[LetMyPeopleVote]

39. The hearing did not go well for the DOJ- the trial court is piss

At the hearing the DOJ is refusing to tell the court what had been done to return Mr. Garcia

Link to tweet

Link to tweet

Link to tweet

Link to tweet

The trial court is pissed

[LetMyPeopleVote]

40. Trump administration attests that Kilmar Abrego Garcia is alive and secure

Link to tweet