Supremes vote 7-2 to pause deportations of Venezuelans

The Trump administration has been bragging that the Supremes let them deport Venezuelans under the Alien Enemies Act of 1798, which of course is a half-truth. The April 7 decision 5-4 stipulates that due process be followed, which is why they ordered 9-0 the return of Kilmar Abrego Garcia who didn't get it, and the Supremes this morning aren't sure that's the case either with the latest group set to be deported.

 

 U.S. Supreme Court temporarily halts deportations of Venezuelan migrants under wartime law

The U.S. Supreme Court early on Saturday paused President Donald Trump’s administration from deporting Venezuelan men in immigration custody after their lawyers said they were at imminent risk of removal without the judicial review previously mandated by the justices. ...

At issue is whether the Trump administration has met the Supreme Court’s standard for providing the detainees due process before sending them to another country - possibly to the notorious prison in El Salvador where others are jailed. ...

Their deportation would be the first since the Supreme Court’s 5-4 ruling that allowed removals under the 1798 law while specifying that “the notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.” ...

On March 15, the Trump administration deported more than 130 alleged Tren de Aragua members to El Salvador. Many of the migrants’ lawyers and family members say they were not gang members and had no chance to dispute the government’s assertion that they were. 

 

 

Senator Chris Van Hollen (D-MD) said Friday that Kilmar Abrego Garcia told him that he was moved about nine days ago out of El Salvador's notorious CECOT prison

 From the story here:

... He told me, yesterday, that eight days ago—so nine days ago from today—he was moved to another detention center in Santa Ana, where the conditions are better. Despite the better conditions, he still has no access to any news from the outside world and no ability to communicate with anybody outside the prison. His conversation with me was the first communication he’d had with anyone outside a prison since he was abducted. ... 

 

 

Appointed 41 years ago by Ronald Reagan, Judge J. Harvie Wilkinson in an opinion for a panel of the 4th Circuit Court of Appeals shreds Trump's contempt of court

 ... The administration is “asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” wrote Judge J. Harvie Wilkinson in an opinion for a panel of the 4th Circuit Court of Appeals.

“Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” he wrote. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.” ...

Wilkinson and the two other judges on the 4th Circuit panel rejected the administration’s appeal of an April 10 order from Xinis directing the administration to “take all available steps” to facilitate Abrego Garcia’s return to the U.S. “as soon as possible.”

Wilkinson zeroed in on the Justice Department’s admission that it had “mistakenly” deported Abrego Garcia.

“Why then should it not make what was wrong, right?” Wilkinson wrote. ...

Wilkinson warned of a dangerously slippery slope on the horizon. “If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home?” he wrote.

“And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies?” ...

More.

Well, this is wild

 

Vice President Vance misleads people when he says immigration courts conduct jury trials, even worse he's defending deporting someone to foreign incarceration without any hearing whatsoever

This guy is shaping up to be much worse than Donald Trump.

Vance must never become president.

 

Either everyone has due process, or nobody does

 

At around noon on 14 April, 2025, America ceased to have a law-abiding government

 On Monday Trump chose to ignore a 9-0 Supreme Court ruling to repatriate an illegally deported man.

More.

What matters in the case of Kilmar Abrego Garcia is that he had an immigration judge's order protecting him from deportation and Trump violated that order

As it happens Garcia seems like he was a pretty good father, contrary to what Kremlin Karoline says, but that is irrelevant to justice, which is supposed to be blind to such things.

Trump has trampled over the entire process which allowed Garcia to remain in the United States.

What will he trample next?

 

Karoline Leavitt: Based On Media Sensationalism, You Would Think We Deported A Candidate For Father Of The Year

Trump lets the president of El Salvador do his defying of the Supreme Court for him, won't return Kilmar Abrego Garcia to the United States

 El Salvador President Nayib Bukele says he won’t return Abrego Garcia to U.S.

... [Trump] also said he wants Bukele to accept as many criminals as possible. ...

Supremes order Trump administration to work to bring back Kilmar Abrego Garcia from El Salvador to the United States

 WASHINGTON (AP) — The Supreme Court on Thursday said the Trump administration must work to bring back a Maryland man who was mistakenly deported to prison in El Salvador, rejecting the administration’s emergency appeal.

The court acted in the case of Kilmar Abrego Garcia, a Salvadoran citizen who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs.

U.S. District Judge Paula Xinis had ordered Abrego Garcia, now being held in a notorious Salvadoran prison, returned to the United States by midnight Monday. 

 “The order properly requires 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,” the court said in an unsigned order with no noted dissents. ...

More.

Kilmar Abrego Garcia will have to wait in an El Salvador prison for the US Supreme Court to decide what to do with him

 

... Roberts issued a terse administrative order indefinitely lifting the deadline of 11:59 EDT to return Abrego Garcia set by U.S. District Judge Paula Xinis. The Trump administration had said that deadline was “impossible” to meet. ...

More.

Federal judge orders US authorities to return Kilmar Abrego Garcia from El Salvador by April 7

 A federal judge ordered the Trump administration on Friday to return Kilmar Abrego Garcia back to the United States after he was accidentally sent to a notorious megajail in El Salvador.

U.S. District Court in Greenbelt, Maryland, Judge Paula Xinis ruled that the government must return Garcia by April 7 at 11:59 pm.

Garcia, a protected legal resident who has been living in Maryland since 2011 and is originally from El Salvador, was sent back to El Salvador on March 15 because of what the Trump administration called an “administrative error” in court filings Monday. ...

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Judge Boasberg was correct to order the flights to El Salvador to turn around, Trump administration now admits it made a mistake deporting Kilmar Abrego Garcia

No person shall be deprived of life, liberty, or property, without due process of law.

-- Fifth Amendment

Due process exists to prevent such mistakes. Dictator Trump didn't care about following it.

Who will be his next victim?

From the story here:

 ...  The Trump administration acknowledged late Monday that it had inadvertently deported a man to El Salvador last month despite a court’s determination that he had a legitimate fear of persecution in his home country.

“This removal was an error,” a top Immigration and Customs Enforcement official wrote in a statement to a federal judge.

Kilmar Abrego Garcia, a Salvadoran, was on one of three deportation flights to his home country on March 15 amid a frantic legal fight over President Donald Trump’s decision to invoke war powers to hasten the deportation of more than 100 Venezuela nationals to El Salvador. In addition to the Venezuelans subject to Trump’s invocation of the Alien Enemies Act were other deportees with purported gang ties. ...

He was arrested by ICE on March 12 and sent to El Salvador on March 15, where his wife recognized him in a video showing the shackled and shaven prisoners being arrayed by Salvadoran authorities.

The Trump administration now says there’s nothing it can do to facilitate Abrego Garcia’s return to U.S. custody. ...