The Deportation of Kilmar Armando Abrego Garcia

#701
#701
volbound1700 said:
SC opinions get struck down. I trust a law passed by Founding Fathers who actually wrote the Constitution over people giving opinions 100 years later.

I am in the Scalia camp. If the Founding Fathers intended something to be true, I believe it to be true even if judges later on disagree.

Clearly you think you know more about the Constitution than John Adams and the 5th Congress.
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Who strikes down SC decisions? Who has that power? Has anyone struck down this SC decision or does it still stand as of this moment?
 
#702
#702
Sea Ray said:
The SC made decisions in the late 1800s that might apply to that law



www.lawshelf.com

The Due Process Rights of Illegal Entrants to the United States

This NPC blog video analyzes the due process rights of illegal immigrants. While Presidential tweets have questioned the existence of those rights, the case law is a little more robust in allowing some level of due process even to people here illegally. This video traces the relevant case law...
www.lawshelf.com www.lawshelf.com
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I disagree with that case because it flies in the face of the intent of our Founding Fathers (who wrote the Constitution) which clearly did not recognize that by passing the Aliens and Sedition Act.

They deported French citizens with little to no evidence or due process.
 
#703
#703
volbound1700 said:
I disagree with that case because it flies in the face of the intent of our Founding Fathers (who wrote the Constitution) which clearly did not recognize that by passing the Aliens and Sedition Act.

They deported French citizens with little to no evidence or due process.
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I respect your disagreement. I really do but their decision still stands legally speaking in our country. Illegals do have due process rights, regardless of whether you think they should
 
#704
#704
Sea Ray said:
I respect your disagreement. I really do but their decision still stands legally speaking in our country. Illegals do have due process rights, regardless of whether you think they should
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I would also have to go read the Supreme Court decision on the topic.

I do think Trump was in the wrong for other reasons such as Congressional Actions and Treaties signed by the United States. Ironically, I think it is an easy fix for the White House if they can show Garcia was a member of MS-13 or just by having El Salvador send a letter to the USA demanding his extradition to El Salvador. Both get around the issue. Even having a hearing on his illegal status would have gotten around it (or showing evidence of).
 
#705
#705
volbound1700 said:
I would also have to go read the Supreme Court decision on the topic.

I do think Trump was in the wrong for other reasons such as Congressional Actions and Treaties signed by the United States. Ironically, I think it is an easy fix for the White House if they can show Garcia was a member of MS-13 or just by having El Salvador send a letter to the USA demanding his extradition to El Salvador. Both get around the issue. Even having a hearing on his illegal status would have gotten around it (or showing evidence of).
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Yes, they need to show this in court. They're not doing that
 
#706
#706
Sea Ray said:
Yes, they need to show this in court. They're not doing that
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Now, I am not so sure that I agree with this but under Congressional Acts related to the formation of Department of Homeland Security, Trump does not even need to have a Court Case (at least not outside DHS) if there is proof of Garcias actions in MS-13.

This is related to rulings from the War of Terror era where the US Government could apprehend and even deport members of Al Quadi and other terrorist groups. The Trump administrations declaration of MS-13 as a terrorist group was strategic.

It is not well known but DHS has an internal court mechanism that was uniquely created for them to rule on terrorism threats.

Now, I think there is a solid argument that DHS and all the acts around it are unconstitutional and I can join you in that argument but that is the current state of law we are in.
 
#707
#707
volbound1700 said:
Now, I am not so sure that I agree with this but under Congressional Acts related to the formation of Department of Homeland Security, Trump does not even need to have a Court Case (at least not outside DHS) if there is proof of Garcias actions in MS-13.

This is related to rulings from the War of Terror era where the US Government could apprehend and even deport members of Al Quadi and other terrorist groups. The Trump administrations declaration of MS-13 as a terrorist group was strategic.

It is not well known but DHS has an internal court mechanism that was uniquely created for them to rule on terrorism threats.

Now, I think there is a solid argument that DHS and all the acts around it are unconstitutional and I can join you in that argument but that is the current state of law we are in.
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That's the reason declaring these groups as terrorists was not good. Lots of things are allowed under that post 911. Really expands exec powers
 
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#708
#708
utvolpj said:
That's the reason declaring these groups as terrorists was not good. Lots of things are allowed under that post 911. Really expands exec powers
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Great post! Yeah, the "War on Terror" opened the door for a lot of unique Federal Actions that are probably not a good thing.
 
#713
#713
Ashevolle said:
Additionally, El Salvador's Vice President told Senator Hollen that Garcia is being held solely because El Salvador is being paid to do so by the Trump administration.

This means that not only is the Trump administration not "facilitating" his return as ordered by the Supreme Court, rather they are are taking willful action to defy the SCOTUS order by continuing to pay for the cost of his incarceration.

I would not be shocked if Garcia is never seen alive again (if he even is at this point)
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Oh well
 
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#716
#716
hog88 said:
He was illegal, hence the fact that he could be deported to anywhere except his home country.
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Exactly, when you broke the law by entering the country illegally, you don’t get to dictate the terms or conditions of your expulsion I don’t believe.. Do any of the lawyers on here know differently? I think your country can try and get you back.. but I don’t think anyone wants this dude 😂
 
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#717
#717
LadyVolette said:
Exactly, when you broke the law by entering the country illegally, you don’t get to dictate the terms or conditions of your expulsion I don’t believe.. Do any of the lawyers on here know differently? I think your country can try and get you back.. but I don’t think anyone wants this dude 😂
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The Supreme Court ruled last week that you get to challenge whether you will be deported at all. That's the issue.
 
#721
#721
lawgator1 said:
The Supreme Court ruled last week that you get to challenge whether you will be deported at all. That's the issue.
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The government has said from the beginning that habeas has not been suspended. The guy is right though, the illegal can't dictate... The People have that power.
 
#722
#722
Sea Ray said:
It's irrelevant whether this guy is a thug or if he beats his wife. Our Constitution guarantees due process for everyone, especially thugs. It doesn't help the cause of this administration to talk about how violent he is. Non violent folks generally don't get arrested and as such don't really need due process. It's the violent folks who need it. I encourage this administration to make an example out of him and show in court that he's a violent illegal alien. I'd like nothing better
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He's not an American citizen so.....
 
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#723
#723
Sea Ray said:
Who strikes down SC decisions? Who has that power? Has anyone struck down this SC decision or does it still stand as of this moment?
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The Supreme Court has its own power but so does the Executive Branch. In this case(s), we've had instances of the (lower) judicial branch attempting to become the President. For the most part I think the Supreme Court has done a good job until this last temporary stay on Friday, now we are getting into suspect territory, imo.

The Supreme Court isn't exactly above the Executive Branch in certain areas, they have judicial review power but that power is not unlimited.

We'll see how it turns out... but as far as this guy.... he's probably ain't coming back and for good reason.
 
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