Legally this is huge. The court is emphasizing that due process still matters, even in politically charged cases. You don’t just jail someone because it suits the administration’s agenda.
GummyGoddess- on
Regardless of who’s in the White House, judges are supposed to call out unconstitutional or unlawful government actions. If the judge thought something was wrong, she did her job, that’s how separation of powers works.
EldritchSlut on
I don’t think Dozy Don and his minions care.
jstank2 on
Now Garcia has a huge case to claim he is being vindictively prosecuted.
ChopperChange on
These judges need to start imposing criminal penalties and contempt charges on the people who ignore court orders. If not the president himself, then at the very least the subordinates lower down on the totem pole. Make them think twice about following illegal orders from their 34x convicted felon boss.
stonedhillbillyXX on
This man is going to be in danger for the rest of his life
His name will get him killed by random cultist
PocketLaura on
What’s noteworthy here isn’t just the ruling, it’s that a Trump-appointed judge delivered. The court found months of detainment with no valid removal order and refused to play along with arbitrary diplomatic lists just to make the administration look tough. It’s a reminder that courts can still act as a real check when executive goes too far.
Sea-Jackfruit411 on
I could be completely wrong but it feels as though he is weaponizing his dementia. Or MAGA as a whole his weaponizing his dementia. Again, IDK, an expert would need to weigh in.
Freddy-Borden on
Good thing him and all his MAGA sycophants don’t care what judges say. Or hadn’t you heard, when Trump is President the presidential powers are omnipotent. Yea not when a Democrat is president, no, no, checks and balances, but now….not so much, right MAGA?
EspritNeandertalien on
That pic looks like he’s getting high sniffing his own farts.
Choice-of-SteinsGate on
This whole fiasco was a red herring from the start.
Republicans carried out a painstaking, joint effort to distract Americans from the Trump administration’s unlawful actions on immigration by pushing messaging that tried to discredit Garcia in the public eye.
The GOP chose to demonize Garcia and make him out to be a criminal whose rights did not deserve protecting so they could drive the focus away from Trump’s unconstitutional actions.
But they also managed to drive attention away from the fact that scores of harmless or innocent people have also been arrested, detained or deported without due process, and many with no criminal records for that matter.
Trump’s immigration agents have been targeting legal residents, visa holders and applicants, asylum seekers, foreign students, green card carriers, protestors, children, taxpayers, veterans, and even US citizens.
Not to mention migrants waiting in line for their citizenship that they’ve been working towards for decades.
ICE have also been waiting outside of courtrooms to arrest migrants who have actually shown up to their hearings, and the government has also been revoking the legal statuses of migrants who have gone through the proper citizenship channels.
The Trump admin was on the losing side of this battle every step of the way. They ignored multiple court orders, they threatened and arrested judges, and they flouted the law repeatedly. *This* was always the real issue.
The courts ruled that Garcia was unlawfully deported and denied due process. Judges overseeing the case saw that the Trump admin was constantly violating the law. *This* is what deserved our attention.
After Garcia was returned, the DOJ sought to rectify its mistake by charging him with crimes that could get him deported.
The Trump admin wants to do everything within its power to make certain that Garcia is convicted instead of admitting to its “administrative error.”
The decision to charge Garcia with human trafficking, rather than gang-related crimes, was clearly an attempt to retroactively justify his unlawful deportation.
**How It All Went Down:**
Kilmar Garcia was previously granted protection status under US immigration law by an immigration judge, which allowed Garcia to continue living in the US and obtain a work permit due to fears of persecution and a credible threat in El Salvador.
Although his “withholding of removal” is not the same as asylum, it often requires a greater burden of proof than asylum. This can make it a stronger argument against deportation, but it offers fewer benefits than asylum.
The courts ruled that the Trump admin ignored the withholding order and that Garcia was denied due process. The supreme Court attests to this.
> “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador *was therefore illegal.*”
> “To this day, the Government *has cited no basis in law* for Abrego Garcia’s *warrantless arrest,* *his removal* to El Salvador, or *his confinement* in a Salvadoran prison. Nor could it.”
> “…the proper remedy is to provide Abrego Garcia *with all the process* to which he would have been entitled had he not been *unlawfully removed* to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with *’due process of law,'”*
> “Moreover, it has been the Government’s own well-established policy to “facilitate [an] alien’s return to the United States if . . . the alien’s presence is necessary for continued administrative removal proceedings.”
Garcia’s case hadn’t gone through the proper proceedings, so if the Trump admin was really intent on invalidating Garcia’s withholding order, he had to be returned and afforded legal remedy on this matter.
But after Garcia was finally returned, he faced charges related to transporting undocumented migrants and not his alleged gang affiliations.
This effort from the Trump administration contradicts arguments that Garcia was already afforded due process back in 2019, and that he was somehow charged with being a gang member. There is no such charge and this is not the case.
– Garcia wasn’t charged with any gang related crimes.
– No concrete evidence was provided to support the allegation that he is a gang member.
– Garcia’s criminal record was clean.
There was no explicit evidence proving his MS-13 gang status outside of an “unnamed informant” claiming that Garcia was an active member of New York’s “Western Clique,” despite never living in New York. This allegation has been characterized as “double hearsay.”
> “The uncross-examined detective’s accusation came from an unidentified informant who was also, perforce, uncross-examined—a second layer of hearsay.”
Additionally, the officer that authored the informant’s claim was later fired for multiple incidents of misconduct, calling his credibility and the credibility of the accusations into question.
Also, the faulty Gangnet database used to flag Garcia as a gang member was disbanded. This system was never meant to be used as the basis for arrests or charges either.
However, the informant’s claim still led police to identify Garcia as a gang member based on him wearing a Chicago Bulls hat and hoodie, which did not hold evidentiary weight.
One Judge weighed in:
> “[Judge] Xinis noted that Abrego Garcia has no criminal convictions in the U.S. or El Salvador, and said the evidence meant to support allegations of gang affiliation ‘consisted of nothing more than his *Chicago Bulls hat and hoodie,* and a *vague, uncorroborated allegation* from a confidential informant claiming he belonged to MS-13’s Western clique in New York — *a place he has never lived.'”*
But the fact(s) of the matter is, Garcia was unlawfully arrested and deported by the government and he was not provided the due process that he would have otherwise been entitled to receive.
One Reagan appointed judge said:
> “The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order,” he wrote.
Garcia’s case wasn’t properly litigated, and after returning to the US, it was obvious that the Trump admin was determined to keep him in custody and charge him with crimes unrelated to the accusations that Republicans have consistently made against him.
It’s also important to note that this is not about defending the man himself, but defending the rights of all persons who have been illegally detained and/or deported by our current regime.
Republicans would have you believe the former, and no matter the outcome of Garcia’s situation, they will continue to accuse Trump critics of being “criminal” or “gang” sympathizers. But in reality, we just want the Trump administration to be held accountable for waging an unconstitutional war against the people.
Leon_Howser on
Likely to win on the merits..
Legitimate-Debt7289 on
I still chuckle at the fact, the orange shits for brain was adamant about the MS-13 claim and the shopped “tattoo” on some unknowns hands. Lmfao.
racedownhill on
So when do we get to see a sit-down interview with Abrego Garcia…?
CountOnBeingAwesome on
I believe there should be a judge get together as much as inconveniently possible to remind them of the law and how important their job is. I support law!!
BallBearingBill on
Didn’t Miller say in an interview that there was no world where Garcia would come back to the US. Looks like he was wrong again!
doublelist87 on
Trump defied a judges order and should go to jail for it
RSSierra29 on
ATF – Another Trump Fiasco should rank up there with TACO
18 Comments
Legally this is huge. The court is emphasizing that due process still matters, even in politically charged cases. You don’t just jail someone because it suits the administration’s agenda.
Regardless of who’s in the White House, judges are supposed to call out unconstitutional or unlawful government actions. If the judge thought something was wrong, she did her job, that’s how separation of powers works.
I don’t think Dozy Don and his minions care.
Now Garcia has a huge case to claim he is being vindictively prosecuted.
These judges need to start imposing criminal penalties and contempt charges on the people who ignore court orders. If not the president himself, then at the very least the subordinates lower down on the totem pole. Make them think twice about following illegal orders from their 34x convicted felon boss.
This man is going to be in danger for the rest of his life
His name will get him killed by random cultist
What’s noteworthy here isn’t just the ruling, it’s that a Trump-appointed judge delivered. The court found months of detainment with no valid removal order and refused to play along with arbitrary diplomatic lists just to make the administration look tough. It’s a reminder that courts can still act as a real check when executive goes too far.
I could be completely wrong but it feels as though he is weaponizing his dementia. Or MAGA as a whole his weaponizing his dementia. Again, IDK, an expert would need to weigh in.
Good thing him and all his MAGA sycophants don’t care what judges say. Or hadn’t you heard, when Trump is President the presidential powers are omnipotent. Yea not when a Democrat is president, no, no, checks and balances, but now….not so much, right MAGA?
That pic looks like he’s getting high sniffing his own farts.
This whole fiasco was a red herring from the start.
Republicans carried out a painstaking, joint effort to distract Americans from the Trump administration’s unlawful actions on immigration by pushing messaging that tried to discredit Garcia in the public eye.
The GOP chose to demonize Garcia and make him out to be a criminal whose rights did not deserve protecting so they could drive the focus away from Trump’s unconstitutional actions.
But they also managed to drive attention away from the fact that scores of harmless or innocent people have also been arrested, detained or deported without due process, and many with no criminal records for that matter.
Trump’s immigration agents have been targeting legal residents, visa holders and applicants, asylum seekers, foreign students, green card carriers, protestors, children, taxpayers, veterans, and even US citizens.
Not to mention migrants waiting in line for their citizenship that they’ve been working towards for decades.
ICE have also been waiting outside of courtrooms to arrest migrants who have actually shown up to their hearings, and the government has also been revoking the legal statuses of migrants who have gone through the proper citizenship channels.
The Trump admin was on the losing side of this battle every step of the way. They ignored multiple court orders, they threatened and arrested judges, and they flouted the law repeatedly. *This* was always the real issue.
The courts ruled that Garcia was unlawfully deported and denied due process. Judges overseeing the case saw that the Trump admin was constantly violating the law. *This* is what deserved our attention.
After Garcia was returned, the DOJ sought to rectify its mistake by charging him with crimes that could get him deported.
The Trump admin wants to do everything within its power to make certain that Garcia is convicted instead of admitting to its “administrative error.”
The decision to charge Garcia with human trafficking, rather than gang-related crimes, was clearly an attempt to retroactively justify his unlawful deportation.
**How It All Went Down:**
Kilmar Garcia was previously granted protection status under US immigration law by an immigration judge, which allowed Garcia to continue living in the US and obtain a work permit due to fears of persecution and a credible threat in El Salvador.
Although his “withholding of removal” is not the same as asylum, it often requires a greater burden of proof than asylum. This can make it a stronger argument against deportation, but it offers fewer benefits than asylum.
The courts ruled that the Trump admin ignored the withholding order and that Garcia was denied due process. The supreme Court attests to this.
> “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador *was therefore illegal.*”
> “To this day, the Government *has cited no basis in law* for Abrego Garcia’s *warrantless arrest,* *his removal* to El Salvador, or *his confinement* in a Salvadoran prison. Nor could it.”
> “…the proper remedy is to provide Abrego Garcia *with all the process* to which he would have been entitled had he not been *unlawfully removed* to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with *’due process of law,'”*
> “Moreover, it has been the Government’s own well-established policy to “facilitate [an] alien’s return to the United States if . . . the alien’s presence is necessary for continued administrative removal proceedings.”
Garcia’s case hadn’t gone through the proper proceedings, so if the Trump admin was really intent on invalidating Garcia’s withholding order, he had to be returned and afforded legal remedy on this matter.
But after Garcia was finally returned, he faced charges related to transporting undocumented migrants and not his alleged gang affiliations.
This effort from the Trump administration contradicts arguments that Garcia was already afforded due process back in 2019, and that he was somehow charged with being a gang member. There is no such charge and this is not the case.
– Garcia wasn’t charged with any gang related crimes.
– No concrete evidence was provided to support the allegation that he is a gang member.
– Garcia’s criminal record was clean.
There was no explicit evidence proving his MS-13 gang status outside of an “unnamed informant” claiming that Garcia was an active member of New York’s “Western Clique,” despite never living in New York. This allegation has been characterized as “double hearsay.”
> “The uncross-examined detective’s accusation came from an unidentified informant who was also, perforce, uncross-examined—a second layer of hearsay.”
Additionally, the officer that authored the informant’s claim was later fired for multiple incidents of misconduct, calling his credibility and the credibility of the accusations into question.
Also, the faulty Gangnet database used to flag Garcia as a gang member was disbanded. This system was never meant to be used as the basis for arrests or charges either.
However, the informant’s claim still led police to identify Garcia as a gang member based on him wearing a Chicago Bulls hat and hoodie, which did not hold evidentiary weight.
One Judge weighed in:
> “[Judge] Xinis noted that Abrego Garcia has no criminal convictions in the U.S. or El Salvador, and said the evidence meant to support allegations of gang affiliation ‘consisted of nothing more than his *Chicago Bulls hat and hoodie,* and a *vague, uncorroborated allegation* from a confidential informant claiming he belonged to MS-13’s Western clique in New York — *a place he has never lived.'”*
But the fact(s) of the matter is, Garcia was unlawfully arrested and deported by the government and he was not provided the due process that he would have otherwise been entitled to receive.
One Reagan appointed judge said:
> “The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order,” he wrote.
Garcia’s case wasn’t properly litigated, and after returning to the US, it was obvious that the Trump admin was determined to keep him in custody and charge him with crimes unrelated to the accusations that Republicans have consistently made against him.
It’s also important to note that this is not about defending the man himself, but defending the rights of all persons who have been illegally detained and/or deported by our current regime.
Republicans would have you believe the former, and no matter the outcome of Garcia’s situation, they will continue to accuse Trump critics of being “criminal” or “gang” sympathizers. But in reality, we just want the Trump administration to be held accountable for waging an unconstitutional war against the people.
Likely to win on the merits..
I still chuckle at the fact, the orange shits for brain was adamant about the MS-13 claim and the shopped “tattoo” on some unknowns hands. Lmfao.
So when do we get to see a sit-down interview with Abrego Garcia…?
I believe there should be a judge get together as much as inconveniently possible to remind them of the law and how important their job is. I support law!!
Didn’t Miller say in an interview that there was no world where Garcia would come back to the US. Looks like he was wrong again!
Trump defied a judges order and should go to jail for it
ATF – Another Trump Fiasco should rank up there with TACO