Even if that were the case, they could still comply with the court orders and list what steps they have taken to request his return and what the responses were, as well as what future steps they are considering.
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I hate to ask, but… have you heard of any issues with trans citizens crossing the border yet?
I don’t understand either sides argument. However, I also acknowledge that the argruments aren’t being made in good faith.
For Bukele’s argument, why can’t he send the guy to the U.S. if they ask for him? If they weren’t asking for him, I could maybe see there being a point there. Though, has anyone proven he’s a terrorist?
For the U.S., yes, I agree they can’t force El Salvador to return him. What’s stopping them from asking politely to return him as they made a mistake?
I saw a story somewhere today about someone being refused admission for being trans.
Remember: Garcia is an El Salvadoran citizen.
Just for the sake of argument: Let’s say that you have an American citizen, John Smith, who has spent time in Russia, and Russia believes he’s guilty of promoting support for Ukraine.
John Smith, however, has returned to the US, where, for whatever reason, he has landed himself in a US jail.
Russia demands that John Smith be returned to Russia for “justice”.
Under what circumstances should the United States send John Smith to Russia?
I do NOT think Garcia’s case is anything like that hypothetical. I simply pose it to describe a situation where a government might decline to send one of their citizens, in their custody, to a foreign power.
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El Salvador is saying they can’t send him to the US because he’s a terrorist and they don’t take terrorists. They’re not saying we can’t send him to the US because he’s a citizen of El Salvador.
In many countries, you can extradite citizens of the country to another country under certain conditions. Alternatively, I’d think you could ask the guy, would you like to voluntarily return to the U.S. They aren’t without options here if they were willing to make a genuine attempt to let him return.
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We have, I presume, a contract with El Salvador. Just given that we’re paying them, I assume they hammered out some terms. Did they not include a term that they are ultimately prisoners of the United States, and the US has authority to get them back as needed? Or does this guy have a specified date of return as part of the deal? I hate to assume competence with this administration, maybe Trump just did a handshake deal and handed them $6M in cash.
Iirc, they are refusing entry to x gendered passports, or at least they have in certain cases.
Fixed, for assumed accuracy.
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If they can’t get him back, they shouldn’t be allowed by the court to send any more people there…
I assume his case is getting cited in every habeas petition that’s been filed for folks detained for deportation.
The argument that they can’t release him to the US because they won’t take him wouldn’t hold up if the US is asking hm back. And someone on Dear Leader’s staff should have mentioned the citizenship argument to El Salvador.
The US and El Salvador do have an extradition treaty, although El Salvador extradites only for charges that are also crimes in El Salvador.
However, (disclaimer: IANAL) Garcia isn’t charged with a crime. The US is alleging he is ineligible to be in the US by virtue of being a gang member, not due to an actual crime.
I think The Dark Knight can handle an extradition like this…
It really is a bit of a weird legal situation to be in. It seems like “the right thing to do” and actual legal rights are not at all aligned. The US has no reason to call back a non citizen and El Salvador has no reason to hand over one of its citizens to the US. None of that changes even if the US fcked up and flew the guy down there while in their custody.
…except that a United States court has instructed the administration to do so.
That’s supposed to be reason enough.
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The US is contracting with El Salvador to run a prison for the US. Either there is a contract that discusses an obligation for them to return prisoners if requested, or the entire operation is a violation of US law. The administration now has to figure out which it is.
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Need a Baliff of the SCOTUS to arrest those not complying.
Is there such a thing?
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