this post was submitted on 06 Apr 2025
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GREENBELT, Md. (AP) — The U.S. government’s decision to arrest a Maryland man and send him to a notorious prison in El Salvador appears to be “wholly lawless,” a federal judge wrote Sunday in a legal opinion explaining why she had ordered the Trump administration to bring him back to the United States.

There is little to no evidence to support a “vague, uncorroborated” allegation that Kilmar Abrego Garcia was once in the MS-13 street gang, U.S. District Judge Paula Xinis wrote. And in any case, she said, an immigration judge had expressly barred the U.S. in 2019 from deporting Abrego Garcia to El Salvador, where he faced likely persecution by local gangs.

“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Xinis wrote.

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[–] TachyonTele@lemm.ee 63 points 1 year ago (1 children)

“Justice Department attorneys are being put in an impossible position: Obey the president, or uphold their ethical duty to the court and the Constitution,”

Oh boy, that's a real head scratcher that is...

[–] immutable@lemm.ee 11 points 1 year ago (1 children)

We should make them take an oath to defend the constitution so they would know what they should do…

[–] agamemnonymous@sh.itjust.works 12 points 1 year ago

We should probably also add language to that oath clarifying that they need to defend it not only from foreign enemies, but domestic ones as well.

[–] Auntievenim@lemmy.world 48 points 1 year ago (2 children)

Wow I guess this means everyone in the chain of command who allowed this and took part in it should be arrested and put to trial, right? Like how you would to criminals who act "wholly unlawfully" right?

[–] Crazyslinkz@lemmy.world 4 points 1 year ago

... right!? (In a high pitch squeek)

[–] prole@lemmy.blahaj.zone 2 points 1 year ago

Maybe if this were South Korea...

[–] Litebit@lemmy.world 30 points 1 year ago* (last edited 1 year ago) (1 children)

so... criminally prosecute the administration who carried it out then, less talk, more action.

be like her. https://youtu.be/-k31IywrROo

[–] ProfessorPeregrine@reddthat.com 4 points 1 year ago (1 children)

Exactly who are you thinking would bring criminal charges? The DOJ certainly won't. His family might get some sort of civil judgement. Possibly a civil rights case filed with a state?

[–] Batman@lemmy.world 2 points 1 year ago (1 children)

Abduction certainly seems like a crime to me... why would it not be criminal?

[–] ProfessorPeregrine@reddthat.com 7 points 1 year ago (1 children)

Of course it is, along with the Administration ignoring a judge's order. The point is that this DOJ will not prosecute it. AG Bondi had made that clear.

[–] Batman@lemmy.world 1 points 1 year ago

Ah yes, I see

[–] Nougat@fedia.io 30 points 1 year ago

And there will be zero consequences.

[–] selkiesidhe@lemm.ee 21 points 1 year ago (1 children)

Recently watched a video on that prison and it is NOT a place you wanna be. Holy shite.

That guy needs to sue.

[–] Catoblepas@lemmy.blahaj.zone 13 points 1 year ago

I hope he lives and makes fucking bank and has the best therapy, because that’s some traumatic shit to go through. Same for everyone this is happening to.

[–] takeiteasypolicy@lemmy.world 19 points 1 year ago

So then can the judge please hold the people responsible in contempt and sentence them to prison? It's time for a showdown

[–] prole@lemmy.blahaj.zone 17 points 1 year ago (2 children)

I can't wait for my Trump-supporting parents to never ever hear about this.

[–] Blackmist@feddit.uk 16 points 1 year ago (2 children)

Oh, they'll hear about it alright.

That a DANGEROUS TERRORIST GANG MEMBER was deported and now some PUSSY ASS LIBERALS want to bring them back. WON'T SOMEBODY THINK OF THE CHILDREN.

[–] prole@lemmy.blahaj.zone 5 points 1 year ago* (last edited 1 year ago)

I hate how accurate this is.

"ACTIVIST JUDGE PUTS VIOLENT MS-13 GANG MEMBER BACK ON THE STREETS IN DEFIANCE OF OUR KING'S ORDERS"

[–] Stamau123@lemmy.world 3 points 1 year ago (1 children)

You could send them this article

[–] prole@lemmy.blahaj.zone 2 points 1 year ago

I sent them the previous one about him being deported.

Pretty sure they don't read anything I send.

[–] expatriado@lemmy.world 17 points 1 year ago

like the Siberian Gulag, but tropical

[–] UncleGrandPa@lemmy.world 8 points 1 year ago* (last edited 1 year ago)

They know they broke the law

That was the point

To prove they can

[–] notsure@fedia.io 3 points 1 year ago

prosecute it

[–] corsicanguppy@lemmy.ca 3 points 1 year ago

“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Xinis wrote.

His family is gonna sue for oh, SO much. I hope the entirety of the administration is mentioned individually on the suit.