Well a few things, he's claimed to the court that his life is in danger if he goes back. Why would I care if Russia detains a US citizen, and that citizen says don't send me back to America, and they say fine Uzbekistan it is? He made his bed.
This is true in these specific facts. I just don't know that other countries would limit it to just situations where the US citizen didn't want to go back to the US.
It also basically prevents the guy from being deported.
True. I think the whole purpose behind the US law may be well-intentioned (e.g. "don't send illegal refugees back where they will be persecuted by rogue governments"), but as applied here, it seems too broad. "I don't want to go home because the government is incapable of keeping me safe from harm" - I am not sure the US can ever guarantee someone's safety in another country, so I don't believe that should be our concern.
But hey, our laws are our laws, and a court ordered him not to be sent to E.S.; I am consistent with my other beliefs that a law should be changed if we don't like it; it should not simply be ignored, as it appears it was here.
That said, as seems to be the consensus, the US can't force E.S. to return their citizen, the best they can do is, as the Supreme Court has affirmed, "facilitate" his return. Which is, of course, different than "effectuating" his return, which the S.C. did NOT affirm, and stated the lower court may well have exceeded judicial authority.
We aren't going to spend any real effort convincing another country to take him. And no country wants more garbage. And yes the guys garbage. To pretend otherwise is nonsense. Note: Not saying you are defending him
No we are not. And if I were another country, I wouldn't want him, either. Except for a really nice check. Everyone still loves the Greenback. I'm pretty sure that is why E.S. is keeping him.
Quoting from the Supreme Court decision:
"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 intended scope of the term “effectuate”
in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its
directive with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs."
If I was Trump, I would let E.S. know that we have a plane ready and willing to return to E.S. to pick this particular inmate up and fly him to a new final destination outside the US and E.S. Once E.S. said "no," I would let the court know that, despite our readiness, we are not willing to jeopardize our foreign affairs relationship with E.S. by storming the gates of their prison system and abducting one of their citizens.
