President Donald Trump's government claims that those who wrongly sent it to a prison in El Salvador are responsible for the search for legal exemption that could possibly bring them back to the United States, a function that is intended for the Supreme Court according to legal experts.
In the case of Kilmar Abrego Garcia, a resident of Maryland who sent the Trump government to a Salvadoran prison on the basis of an 'administrative error', the White House has argued that it cannot have his partners in El Salvador the man who sent them returned.
Last week the argument came in response to a unanimous advice from the Supreme Court, where the government obliged to 'facilitate' the return of Abrego Garcia. The Trump government responded in an application and said that to “facilitate” his return, simply means “all domestic obstacles remove that would otherwise impede the ability of the alien to return here”.
Attorney General Pam Bondi expanded the position of the administration in a statement and said that to facilitate the return of Abgrego Garcia, would be to offer an airplane, but that it is “to El Salvador if they want to give it back. That is not up to us.”
In a statement on Monday, the president of El Salvador and Trump Ally, Nayib Bukele, said that it was also outside his power to bring Abgrego Garcia back to the United States. “I don't have the power to bring him back to the United States,” he claimed.
The position of the administration, taken in the context of Bukele's statement, suggests that the administration expects Abgrego Garcia to “find his way back to the American border alone,” said Barbara McQuade, a former American lawyer for Michigan's eastern district. She added that she thinks the government is Trump contrary to a judicial order to refuse to bring him back.
“They take a very doubtful interpretation of the word 'facilitating' the word to mean that they only have to open the door if Mr. Abrego Garcia can come from a terrorist prison,” McQuade said. “If they can do this, they can lead to every American citizen disappearing without an appeal. At a certain point, the court must keep an official who is contempt for violating his order.”
Jeffrey Abramson, Emeritus Professor of the Government and Law at the University of Texas, agreed that the administration seems to “face a federal court order and to provoke a constitutional crisis.”
“In a non -signed unanimous order, the Supreme Court enforced the order insofar as it gave the Trump government to 'facilitate' the return of the man, although the court asked the judge to clarify what it meant exactly to 'effective' the man's return,” Abramson told Salon. “But instead of working together, the Trump government buried, refused to do everything and his earlier concession declined that the deportation was illegal.”
Abramson said, however, that it is “not clear what Judge Xinis can do to force the Trump government to comply with the order to facilitate. She can keep the officials of the Trump administration about the court, but it is not clear how they can give teeth to such a contemporary quota.”
Covering the government's refusal to bring Abrego Garcia back to the US is the apparent intention of Trump to then send American citizens to the El Salvadoran prison.
“We always have to obey the laws, but we also have our own soil criminals who push people into subways, who have hit older ladies on the back of the head with a baseball bat if they don't see that his absolute monsters,” Trump told reporters on Monday. “I would like to record them.”
Bennett Gershman, a professor of the rights of Pace University, told Salon that the question of what protection an American citizen could enjoy, that a non -citizen such as Abgrego Garcia was denied, is probably a matter of enforcement. He sees this issue go to the Supreme Court and notes that it will also be a question whether the Trump administration decides to respect any follower.
“For example, if Trump decides to deport a citizen to the El Salvador prison, as he has suggested that he could and would do under his broad Foreign Affairs Power, and although the citizen is protected by the constitution against cruel and unusual punishment under the eighth amendment,” how was that right has been submitted? “
