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US Government ‘Mistakenly’ Deports Kilmar Abrego Garcia to El Salvadoran Megaprison, Claims Nothing Can Be Done to Get Him Back

Nick Miroff, at The Atlantic, chronicles this incredibly harrowing tale (Apple News+ link):

The Trump administration acknowledged in a court filing Monday that it had grabbed a Maryland father with protected legal status and mistakenly deported him to El Salvador, but said that U.S. courts lack jurisdiction to order his return from the megaprison where he’s now locked up.

The case appears to be the first time the Trump administration has admitted to errors when it sent three planeloads of Salvadoran and Venezuelan deportees to El Salvador’s grim “Terrorism Confinement Center” on March 15. Attorneys for several Venezuelan deportees have said that the Trump administration falsely labeled their clients as gang members because of their tattoos. Trump officials have disputed those claims.

But in Monday’s court filing, attorneys for the government admitted that the Salvadoran man, Kilmar Abrego Garcia, had been deported accidentally. “Although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error,” the government told the court. Trump lawyers said the court has no ability to bring Abrego Garcia back now that he is in Salvadoran custody.

This story is absolutely terrifying. It’s a constitutional five-alarm fire that should see Americans up in arms and flooding the streets.

In their filing, the US government’s lawyers write:

This Court lacks jurisdiction because Abrego Garcia is not in United States custody.

Writing further:

[…] a person “is held ‘in custody’ by the United States when the United States official charged with his detention has ‘the power to produce him.’”

They’re claiming that no United States official has such power. Rather than apologizing profusely and taking every possible action to rectify the situation, Trump’s lawyers instead argue against the judge’s jurisdiction and the family’s right to petition for redress. The government has effectively professed that once they deport a person—without any due process—there’s nothing the United States can do to reverse course, even after admitting the removal was done in error. That Abrego Garcia—or anyone else—is forever out of their reach. It’s the despotic equivalent of “finders keepers, losers weepers,” or the “Oh no! Anyway” meme, applied to a man’s life.

A week ago Timothy Snyder wrote:

If you accept that non-citizens have no right to due process, you are accepting that citizens have no right to due process. All the government has to do is claim that you are not a citizen; without due process you have no chance to prove the contrary.

The truth is, today, right now, there is absolutely nothing preventing Donald Trump’s regime from snatching you or anyone you know, throwing you or them on a plane to El Salvador, and wiping their hands clean.

Or, as Gillian Branstetter wrote:

No matter your station in life, there is astoundingly little separating you from those men in that cage behind Kristi Noem. No charges, no attorneys, no hearings, no trial. Just conjecture and brute force could be enough to justify completely dehumanizing you, too.

How are we any different from Nazi Germany, or modern-day Russia?

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