Constitutional attorney Jeb Rubenfeld, a graduate of Yale Law, said people on both sides of the Abrego Garcia case are exaggerating. You won’t like his assessment of the case, but he does do it straight down the middle. What is clear is the Supreme Court wants every illegal alien to have due process.
The Analysis
First of all, Abrego Garcia was given due process rights at three immigration hearings. The case isn’t about due process. The problem is that Abrego was sent to the wrong country.
Garcia was found to be a member of a now-foreign terrorist organization by an immigration court. Garcia was found to be deportable in another case. However, on the other side of the equation, an immigration judge in a third case issued a withholding order. The judge said Garcia may be deportable, but he cannot be deported to El Salvador. His lawyer had presented evidence that a different gang [no longer a threat] would persecute him. The judge said he cannot be sent back to El Salvador.
The administration sent him to El Salvador, and they admit it was a mistake.
Therefore, Judge Xinis stated that you cannot send him to El Salvador. She ordered the administration to retrieve him. However, it’s up to El Salvador. President Bukele said he won’t send him back. It’s obvious the administration isn’t making much of an effort to get him back.
The Supreme Court stated that the administration must facilitate his return, but Bukele must first agree.
Everyone here illegally gets a hearing.
The Supreme Court made it clear that it wants every illegal alien to get due process after millions poured in [many of whom are criminals, terrorists, and unwelcome types].
Jeb Rubenfeld doesn’t believe this case does serious harm to due process, but sending planeloads out does if they don’t get hearings.
What happens now? Jeb Rubenfeld said the Supreme Court asked Judge Xinis to clarify what she meant. She can’t order the administration to order Bukele to send Garcia back. However, Xinis can take incremental steps and start by demanding that the administration tell Bukele to return Garcia. Also, she could order the administration to stop paying Bukele to keep Garcia and other deportees.
Rubenfeld said no one can say Garcia is an innocent man or a criminal. He hasn’t been found to be innocent, and an immigration judge said he is MS-13. Neither side is correct.
The Supreme Court might just uphold the Xinis order. It would then be a constitutional crisis if the administration didn’t follow their directive. It’s not a constitutional crisis yet.
Mr. Rubenfeld said that, in his opinion, the administration should have just taken him back, and he could have been sent anywhere else in the world if found to be MS-13. He said due process is a foundational bulwark of the USA, but due process has not been violated in this case. Garcia had three immigration hearings. He was sent to the wrong country, but he can be deported.
Prediction
Once the ACLU and the leftist judges get hold of these cases, almost no one will be deported. It will take too long to make a dent. Out of the millions who poured in, only hundreds, maybe thousands, will go home. Hundreds of thousands, or millions, of criminals and other future Democrats will remain.
The TdA gang, which had no foothold in the USA, now does. The Supreme Court won’t consider that in this case. They want the administration to give every illegal alien due process.
Sending them to prisons using the Alien Enemies Act won’t allow the administration the freedom they hoped it would to get rid of the invading criminals.
Democrats will be able to use these millions to gain House seats and regain control of the House. Some people here illegally will vote illegally, and the next time Democrats are in power, they will give these people amnesty so they can vote for them.
There is always the possibility that the administration will come up with another idea.
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