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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The US Federal Government has a responsibility to deport people who are here illegally. Where they end up doesn’t matter, but they can’t stay here. It’s like they say at closing time, “You don’t have to go home, but you can’t stay here.”
It doesn’t matter what ANY judge orders including scotus, ABSOLUTELY NO judge can order anyone, esp the President, to break our laws or interfere with foreign policy., PERIOD! Fact is the dude was here illegally and ordered deported, wether he wasn’t supposed to be deported to El Salvador or not, bringing him back into our country is still a crime since he can’t legally come in our country. These judges are trying to order he be brought back into our country illegally since he is still not a citizen, mistake or not, they can’t demand someone break the law a second time to bring him back, period.
These judges cannot demand every illegal is owed due process before deportation, unless these judges can show EXACTLY where it’s written in legislation or constitution then they have ZERO AUTHORITY TO ORDER IT, Period. Judges are to follow the laws as written not as they’d like it to be, Inc SCOTUS!!!
ANYONE or any supposed legal scholar claiming it’s legit or Pres Trump must follow it cuz a judge ordered it is OUTRIGHT LYING!! (Marburg v Madison)Any legislation or judicial order that overrides or infringes on our constitution or nations laws , is auto nullified and Americans have a duty to disregard it. These illegals were intentionally imported to destroy our country from within and overwhelm our govt system, these lawsuits and activist judges are attempting to keep this damage to our country and its security from being undone. These judges trying to block their deportation are outing themselves as part of the group trying to destroy our country, each order and interference with their removal is called TREASON, INC SCOTUS. It’s why they’re throwing a fit over arresting these judges , cuz they’ll trying like hell to get Americans to have sympathy for these judges. Hoping if enough have sympathy for the illegals or judges they can use it to force impeachment or at least halt deportations, unfortunately for them it’s backfired something fierce since Americans are not feeling bad for either, they’re getting pissed
Foreign citizens do not have the rights of legal citizens. There is no due process. These judges preside over American citizens and American laws. They have no power over the domain of foreign nationals illegally trespassing in American territory. They can sit down. Any ruling they make is void on the matter. It is the responsibility of the Executive office of the President as a separate but EQUAL branch of Government to not fall prey to an illegal subserviance of a rogue judiciary that refuses to stay in its own Constitionally prescribed lane.
Hey, due process can be suspended in an emergency invasion. Trump needs to press on through the biased courts to save our country,
The solution is quite simple. Enforce existing law, specifically 8 USC 1324.
https://www.law.cornell.edu/uscode/text/8/1324
Karl Denninger has some interesting commentary…
https://market-ticker.org/akcs-www?post=253188