President Donald Trump's administration believes that those who are not sent to the El Salvador prison themselves are responsible for seeking legal relief, which has the potential to return them to the United States, a position that legal experts say is destined to be argued in the Supreme Court.
Take Kilmar Abrego Garcia as an example, the Trump administration sent residents to the El Salvador prison with a “administrative error” and the White House argued that it could not bring El Salvador's partners back to their men who sent them.
The argument is in response to last week's Supreme Court consensus that calls on the government to “promote” Abreg Garcia's return. The Trump administration responded in an application, saying that “promoting” his return simply means “eliminating any domestic barriers that would otherwise prevent foreigners from returning here.”
Attorney General Pam Bondi expanded the government's position in a statement saying that promoting Abgrego Garcia's return would be to provide a plane, but “it depends on El Salvador if they want to return him.”
In a statement Monday, El Salvador and Trump Ally's president Nayib Bukele said it was his power to return Abgrego Garcia to the United States. He claimed: “I don't have the ability to return him to the United States.”
Barbara McQuade, a former attorney for Eastern Michigan, said the government’s position taken in Buckley’s statement showed that the administration wants Abgrego Garcia to “find himself back to the U.S. border.” She added that she believes the Trump administration violated the court's orders that refused to bring him back.
“They gave extremely questionable explanations of the word 'promotion', meaning only Mr. Abreg Garcia was able to leave the terror prison and only the door could be opened,” McQuid said. “If they could do this, they could cause any American citizen to disappear without asking for help. At some point, the court would need to despise an official in order to violate its orders.”
Jeffrey Abramson, emeritus professor of government and law at the University of Texas, agreed that the government “seems ready to defy federal court orders and provoke the constitutional crisis.”
“The Supreme Court upheld the order while directing the Trump administration to “promote” the person’s return, although the court asked the judge to clarify what the man’s return meant,” Abramson told Sharon. “However, the Trump administration did not cooperate, but dug, refused to do anything, and the previous concession to deportation was illegal.”
However, “It is unclear what Justice Sinis can do to force the Trump administration to comply with the promotion order. She may despise Trump administration officials, but how to succumb to such contempt is not clear.”
Trump's obvious intention to send American citizens to El Salvador prison is an imminent government refusal to bring Abreg Garcia back to the United States.
“We always have to follow the law, but we also have native criminals pushing people to the subway, and when they don't look, they hit the old woman in the head with a baseball bat, which is definitely a monster,” Trump told reporters on Monday. “I want to include them.”
Bennett Gershman, a law professor at Pace University, told Salon the question of what protection American citizens might like, namely, non-citizens like Abgrego Garcia are rejected, which could be an enforcement issue. He believes the issue will go to the Supreme Court, noting that it will also be a question of whether the Trump administration decides to respect any orders.
“For example, if Trump decides to deport a citizen to the El Salvador prison, as he suggested, he can do it under his broad diplomatic powers, even if the citizens are protected by the Constitution, which is brutal and unusually punished by the Eighth Amendment,” Glesom said, “How is this enforced?”
