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The Legal Breakdown Tackles the ‘Mistaken’ Deportation of Kilmar Abrego Garcia

Brian Tyler Cohen and Glenn Kirschner on The Legal Breakdown illustrate the utterly preposterous and incredibly dangerous state of affairs in Kilmar Abrego Garcia’s “mistaken” deportation case:

Cohen: Are you telling me, with all the agreements that we have with El Salvador that allows us to just—without any due process—deport these people to their country… we have no mechanism whatsoever to bring back somebody who is a legal resident, who is there as a result of an administrative error, that we have no mechanism to bring that guy back?

Kirschner: I don’t believe, you don’t believe it, but that is what the attorneys who are in court—not exactly defending this action, because they concede they did not have a legal reason to deport him, a legal basis—they’re also saying “Uh, we just don’t think we have a mechanism to bring him back.”

Cohen later makes this astute observation about Trump’s intentions:

I think this isn’t necessarily about this one specific person, this is about Donald Trump showing his detractors that he is exactly as all-powerful as he perceives himself as being […].

He doesn’t care what person he has to steamroll through in order to get his way, he’s trying to send a message and everybody that gets hurt as a result of that, that’s just collateral damage […] The goal here is the chilling effect this will have […].He’s not looking to bring [Abrego Garcia] back, because the fact that [Abrego Garcia] can be disappeared in an extrajudicial way is the point unto itself. It’s not about this guy, it’s about Trump being able to display his power.

In response to a question from Cohen about what can be done, Kirschner offers one possible solution:

The Trump administration and these ICE agents that engaged in this unconstitutional deportation violated a court order, violated a judge’s protection order saying Mr. Garcia cannot be deported to El Salvador.

One thing the court has available to it is the power of contempt, and if a court wanted to inspire the Trump administration to get a plane down there to El Salvador and bring this man back, the judge could say “I am going to begin to hold everyone in contempt who was part and parcel of this unconstitutional deportation that violated a judicial order.”

I would love to see them all held in contempt. Sadly, enforcement of such sanctions is done via the US Marshals Service, which is under the Executive branch, and while the US Marshals are supposed to legally comply with a judicial order, I expect the president, via his attorney general, to attempt to block any contempt order.