Regardless of what this Maryland judge concocts today in her undoubtedly long and not based on the US Constitution, common law, English law, the Magna Carta, the Bible, the Koran or the MS13 Guidebook to US Deportation Law, the facts of the case are clear.
He was ordered removed from the US.
He was an admitted member of a gang. He appealed this, was determined to still be a gang member, and has admitted that the basis for his claim that he should not be returned to El Salvador is based on that gang affiliation, specifically MS13.
POTUS has declared MS13 a foreign terrorist organization. Senor Garcia is now a terrorist, no different than a member of the Houthis, Al Qaeda, etc.
He was deported for being a terrorist in this Country despite an order to deport.
The ONLY matter to even be debated was where he "could" be sent on a now irrelevant Judge's order - made irrelevant by the terrorist designation.
SCOTUS gave the Maryland judge an out to have them clarify "effectuate". If judge says that means to return him to US, SCOTUS will tell the Maryland judge "no dice, that's an Article II" role.
Folks clamoring for him to be returned need to read paragraphs 8 and 9 as indicated above. Its the only legal remedies available, which is sort of irrelevant because Garcia is not a US citizen and is NOT a subject under the US Constitution. He is now a rando hanging out in a prison in El Salvador.
Whether El Salvador has him justly detained is a topic for the UN to address with Bukele. Bukele agrees with the US that this guy is a terrorist. I imagine El Salvador has laws regarding this and he is subject to them.
The Senator thinking he will re-enact some Congressman Leo Ryan savior attempt by going down there will likely result in a similar outcome. Death for him and the people he is trying to arrest.
Hell, Trump would be within his powers to shoot any plane ferrying a terrorist into the US smooth out of the air, regardless of a US Senator being on board.
Those are your apples, like them or not.
He was ordered removed from the US.
He was an admitted member of a gang. He appealed this, was determined to still be a gang member, and has admitted that the basis for his claim that he should not be returned to El Salvador is based on that gang affiliation, specifically MS13.
POTUS has declared MS13 a foreign terrorist organization. Senor Garcia is now a terrorist, no different than a member of the Houthis, Al Qaeda, etc.
He was deported for being a terrorist in this Country despite an order to deport.
The ONLY matter to even be debated was where he "could" be sent on a now irrelevant Judge's order - made irrelevant by the terrorist designation.
SCOTUS gave the Maryland judge an out to have them clarify "effectuate". If judge says that means to return him to US, SCOTUS will tell the Maryland judge "no dice, that's an Article II" role.
Folks clamoring for him to be returned need to read paragraphs 8 and 9 as indicated above. Its the only legal remedies available, which is sort of irrelevant because Garcia is not a US citizen and is NOT a subject under the US Constitution. He is now a rando hanging out in a prison in El Salvador.
Whether El Salvador has him justly detained is a topic for the UN to address with Bukele. Bukele agrees with the US that this guy is a terrorist. I imagine El Salvador has laws regarding this and he is subject to them.
The Senator thinking he will re-enact some Congressman Leo Ryan savior attempt by going down there will likely result in a similar outcome. Death for him and the people he is trying to arrest.
Hell, Trump would be within his powers to shoot any plane ferrying a terrorist into the US smooth out of the air, regardless of a US Senator being on board.
Those are your apples, like them or not.