Kilmer Abrego Garcia, who said that a Justice Department lawyer was mistakenly deported, appears to have not returned from El Salvador despite an order by the U.S. Supreme Court to “promote” his return.
Why: Salvador's fierce nose president Naive Buquere said he would not release Garcia, who was accused of membership in the terrorist MS-13 gang from the country's terrorist detention center.
And in explaining Garcia's case, White House aide Stephen Miller corrected Garcia's unfair removal, citing the DOJ in a constant and modest way in the media. He was not mistakenly deported, Miller explained to Fox News and today at the White House.
case
The battle over Garcia began when DOJ lawyer Erez Luvveni and other officials “accepted” that immigration and customs enforcement agencies had eliminated Garcia because of “administrative errors.” Doj stopped Reuveni on Saturday.
Paula Sinis' left and right US District Courts in Maryland, appointed by former President Barack Obama, ordered the government to return him. The Trump administration appealed to the US Supreme Court, which ruled 9-0 that Garcia must be returned. Or, we reported on the mainstream media on the far left of this decision. The upshot is not as clear as the media has:
The order appropriately requires the government to “promote” the release of Abrego Garcia from custody in El Salvador and ensure that his case is processed if he is not inappropriately sent to El Salvador. However, the intended scope of the term “impact” in a district court order is unknown and may exceed the authority of the district court. The district court must make its order clear, taking due consideration of the respect paid to the administrative department in conduct of diplomacy. The government should be prepared to share what it can do regarding the measures it has taken and the outlook for further measures.
Trump aide Miller told Fox News that Scotts' ruling was a victory for the administration. And he said lower courts had zero authority to challenge Trump's foreign policy implementation.
“We obviously won the Supreme Court case,” Miller said today. “The district court judge mercilessly stated that the president and his administration must go to El Salvador and hand over one of their citizens, the citizen of El Salvador.
Such laws “will be an unimaginable act and an invasion of El Salvador's sovereignty. …The district court cannot force the president to exercise any form of foreign forces under his Article II.”
Article 2 of the federal constitution provides the president with foreign policy control.
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The DOJ lawyers, obstructors and Democrats who were then released from their duties mistakenly submitted this as a false elimination. That wasn't! This was the right person sent to the right place.
Now some people said, but he had what he called a “withholding order.” A withholding order means an order that you were deported, but the immigration judge says you cannot return to a particular country. Here it is: If you are a member of a foreign terrorist organization, you cannot have a withholding order.
He is on MS-13 and has no withholding order. Furthermore, the gangsters accused of being persecuted are no longer present in El Salvador! The gang on 18th Avenue is gone.
At the White House, Miller explained that two immigration courts had declared Garcia as an MS-13 member. As Trump declared MS-13 a terrorist organization, “he no longer qualifies as a form of immigrant relief. … Under our law, he was not even allowed to exist in the United States and had to be returned for designation of foreign terrorists.”
Miller again said that the district court judge had ordered the administration to lure Salvadoran citizens for all intents and purposes.
It's stupid
Frustrated with the law lesson, the reporter turned to Bukere. Perhaps the president of El Salvador will spring Garcia from the terrorist confinement centre and return here.
“Do you hope I'm not suggesting that I smuggle terrorists into the US?” Bukel replied, “How can I get him back to the US?”
The question is ridiculous. How can I smuggle terrorists into the US? I have no power to bring him back to the US.
When asked whether he would release him to El Salvador, Bukere pointed out that the country is now the safest country in the Western Hemisphere. As New American reported last week, El Salvador is now safer than many European tourist destinations.
“We don't really like to release terrorists into our country,” Bukere continued.
We have transformed the world's murderous capital into the safest country in the Western Hemisphere.
Scotus recently ruled that the Trump administration could deport illegal Arien criminals and terrorists under the Foreign Enemy Act of 1798.
