Mastodawn

🚨🚨🚨 #SCOTUS declined on Thurs to block a judge's order requiring #Trump's #administration to facilitate the return to the UnitedStates a Salvadoran man who the government has acknowledged was deported in error to #ElSalvador.

US District Judge Paula Xinis on April 4 issued an order that the administration return #KilmarAbregoGarcia, in response to a lawsuit filed by the man & his family challenging the legality of his #deportation.

#immigration #law #DueProcess
https://www.reuters.com/legal/us-supreme-court-upholds-order-facilitate-return-deportee-sent-el-salvador-error-2025-04-10/

#KilmarAbregoGarcia, a Salvadoran migrant who was living in Maryland & has had a work permit since 2019, was stopped & detained by #ICE officers on March 12 & questioned about his *alleged* gang affiliation. He was deported on March 15 on one of three high-profile #deportation flights to #ElSalvador that also included alleged Venezuelan gang members.

#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #AbuseOfPower #Trump

There is going to be a whole lot of arguing about what "facilitate" means / entails.

#SCOTUS writes:

The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador

https://s3.documentcloud.org/documents/25894464/24a949-order.pdf

#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #AbuseOfPower #Trump

#SCOTUS’ decision was unanimous. Additionally it suggests someone held overseas can still be given due process.
Ya think? Especially given that the #Trump admin is paying #ElSalvador to detain the *deportees*

#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #AbuseOfPower

This may be consequential for Judge #Boasberg’s contempt proceedings in the #Trump admin’s refusal to abide by his court order to turn around the planes & immediately stop all #AlienEnemiesAct #deportations.

In this decision. #SCOTUS unanimously rejected the argument that a district judge lacks power to order gov to facilitate return once planes leave US jdx. That was the admin’s main rationale for defying the court’s written order.

#law #immigration #DueProcess #Judiciary #AbuseOfPower

#Trump #DOJ on #SCOTUS ruling:

“As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs. By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President's authority to conduct foreign policy.”

That is NOT what SCOTUS said.
Clearly Trump plans on leaving #KilmarAbregoGarcia in #CECOT.

#immigration #law #judiciary

NEW

#Trump’s #DOJ is trying to cancel today's #KilmarAbregoGarcia hearing & delay filing a response to the judge's order until next week.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.52.0.pdf

The 9:30 deadline has passed with no information from the Justice Department about Abrego Garcia's location or status, as demanded by the judge. She has not granted an extension, unclear if she will.

#law #Constitution #immigration #AlienEnemiesAct #DueProcess #CivilRights #HumanRights #DualState #AbuseOfPower #Trump

Abrego Garcia's attys urged the judge to reject #DOJ’s request for delay. They argue the #Trump admin has been under order to begin facilitating Abrego Garcia's return for multiple days before #SCOTUS' stay Mon.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.54.0.pdf

“This Court's order to facilitate Abrego Garcia's return was issued one week ago. It was not stayed until Monday afternoon. Accordingly, the Govt should have been taking actions Fri, Sat, Sun, & Mon morning, & the Govt can report on those.”

#law #immigration

Judge Xinis *grants* the government a partial extension but only until 11:30 AM today. Nice.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.57.0.pdf

#KilmarAbregoGarcia #law #Constitution
#immigration #AlienEnemiesAct #DueProcess #CivilRights #HumanRights #DualState #judiciary #AbuseOfPower #Trump

NOW

We have just passed the 11:30AM deadline, & #Trump’s #DOJ has not filed a response as ordered – per Kyle Cheney.

The hearing is still set for 1PM.

#KilmarAbregoGarcia #law #Constitution #judiciary #SeparationOfPowers #ChecksAndBalances #CoEqualBranchesOfGovernment #immigration #AlienEnemiesAct #DueProcess #CivilRights #HumanRights #DualState #lawlessness #AbuseOfPower

NEW NOW

#DOJ says #Trump admin will NOT comply w/ Judge Xinis' order because the deadline is "impracticable."

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.59.0_1.pdf

#KilmarAbregoGarcia #law #Constitution #judiciary #SeparationOfPowers #ChecksAndBalances #CoEqualBranchesOfGovernment #immigration #AlienEnemiesAct #DueProcess #CivilRights #HumanRights #DualState #lawlessness #AbuseOfPower

In a filing ~45 mins after the deadline had passed, #DOJ lawyers wrote:
 “In light of the insufficient amount of time afforded to review the Supreme Court’s Order following the dissolution of the administrative stay in this case, Defendants are not in a position where they 'can’ share any information requested by the Court. That is the reality.”

This is another escalation of the #Trump admin’s refusal to acknowledge the #equal #power of the #JudicialBranch.

#law #ConstitutionalCrisis

The hearing has started.

Via Anna Bower:

Drew Ensign, who has represented the gov in the JGG matter before Judge #Boasberg, is here for #DOJ.

Judge #Xinis begins by explaining why we're here: #SCOTUS ruled, & directed the court to clarify its order re: "effectuating" the return of #KilmarAbregoGarcia.

Xinis: Contrary to what the govt put in its briefing, there is no need for further briefing. Now I need to know if the defendants are willing to answer my 3 questions I've asked...

Number one. Why did defendants not comply with order & give me someone with personal knowledge about Mr. Abrego Garcia's current location/status?

Ensign: We've said what we can say....

Judge: What info do you have?

Ensign: I do not have that info

Judge: The govt is going on record saying it has no info Garcia’s whereabouts?

Ensign: I'm saying I don't have that info as an officer of the court, clients have not provided that info to me as of today

#law #immigration #judiciary

Xinis: It's quite basic information. I'm asking a very simple question: Where is he?

Xinis: Filing about an hour ago talks about prospective info. You're saying you haven't had time to think of next steps. but this question isn't about prospective next steps. I'm asking simply: WHERE IS HE?

Ensign repeats that he doesn't have that info.

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Ensign: Plaintiffs have said he was known to be in #ElSalvador, no evidence to contradict that

Judge: So there's no evidence where he is today, that's extremely troubling

Judge moves on: What steps has the govt taken thus far to facilitate return? Notes there was a period of several days in which her order to return him was in effect. What have the defendants done?

Ensign: Not prepared to share that info, still evaluating

#law #immigration #KilmarAbregoGarcia #Trump #ConstitutionalCrisis

Xinis: Ok, so they've done nothing? This is a yes or no question. This is a direct question that is yes or no. I'm not asking what yet...just WAS THERE anything done to facilitate return?

Ensign: I'm unable to answer, don't have knowledge of that

Judge: Communicate this to your client: If they don't communicate any evidence to you as their representative that you can communicate to the court, then there is no evidence.

#law #immigration #KilmarAbregoGarcia #Trump #ConstitutionalCrisis

Judge: Easy way to combat that is to communicate what they've done to you. And if they can't, they need to put that in writing.

Judge to Ensign: That you don't know suggests you don't have a full and effective relationship with your client. So can you explain why you don't have personal knowledge?

Ensign repeats line about needing to evaluate the SCOTUS order...

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Ensign: We're actively considering what could be done, this is a case that involves 3 cabinet depts...

Xinis: And while you do that, the irreparable harm continues. Is anyone moving w/any speed on your end? #SCOTUS has spoken -- quite clearly.

Judge Xinis says it's not unreasonable to ask for this info.

Ensign says that the govt could have some info/responses by Tues, as they requested. Says might involve invocations of privilege, but doesn't know.

#law #immigration #Trump #judiciary

Ensign: We disagree fundamentally on the status of the court's order. #SCOTUS said the deadline is no longer effective.

Xinis: Because the admin allowed the deadline to pass. So now you have a new amended order, which makes clear you have to facilitate return.

Ensign: Due regard for the executive means at a minimum you are required to hear from executive in a written brief before any order could become effective again

Judge says no, that's not right, basically.

#law #Trump #judiciary

Judge: "We're not gonna slow walk this. We're not re-litigating what #SCOTUS put to bed."

Ensign: We believe due regard requires our to hear from us before any amended order be issued.

Judge: I disagree with you.

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Now plaintiff's counsel up...

Says court's order was sufficiently clear, defendants did not comply, leave the remedy in the discretion of the court.

"It quite clear...the defendants are playing a game with their own lawyers."

Court should order people w/ personal knowledge before court.

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Judge: What to do w/the govt saying we can't do this before Tues?

Plaintiff's counsel says govt has't provided factual basis for why they can't provide info/comply w/order before that

Judge: What I'm contemplating is very quick briefing order and order of compliance. Govt, she says, just so we're clear: There are no business hours in this court. And if we need to I'm going to require daily status updates on what if anything the govt is doing or not doing.

#law #immigration #Trump #judiciary

Garcia's counsel says daily status updates would be appropriate and they would respond as needed very quickly to each update.

Ensign [#DOJ] says government intends to comply with #SCOTUS order, but court deadlines not practicable

Judge: Then you can tell the public that every day in status updates
🔥🔥🔥

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Judge: I hope you will in good faith comply & we'll take it from there. But I know I want daily updates until this is resolved. Do you have any alternative suggestions for me, Mr. Ensign?

Ensign wants a declaration due by Monday close of business, not daily.

Judge: My order is daily updates

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Judge: I don't understand why these questions can't be answered today. But maybe you can answer them for me by 5PM tomorrow.

And we'll go ahead and set a follow up hearing for the day after govt files the declaration I previously requested

Ensign repeats that deadlines are impracticable but that they intend to comply w/ #SCOTUS order.

And that's it. Hearing over. Judge will enter written order in due course.

#law #immigration #KilmarAbregoGarcia #Trump #judiciary #ConstitutionalCrisis

Shdwdrgn Apr 11

@Nonilex Would have liked to have seen more clarification from the judge as to what she expects to see in these updates. The admin will no doubt come back tomorrow and simply say they have no further info.

Shdwdrgn Apr 11

@Nonilex Per Kyle Cheney, Judge Xinis will require daily updates from the government on three things:

1) Abrego Garcia's location/status
2) What efforts it has previously undertaken to get him back (while her order was in effect)
3) What efforts it may take going forward.

https://bsky.app/profile/kyledcheney.bsky.social/post/3lmkk4vs7bi2v

Kyle Cheney (@kyledcheney.bsky.social)

HEARING OVER: Judge Xinis will require daily updates from the government on three things: 1) Abrego Garcia's location/status 2) What efforts it has previously undertaken to get him back (while her order was in effect) 3) What efforts it may take going forward.

Bluesky Social

@Shdwdrgn @Nonilex these are people that think replying to questions with a poop emoji is crylaugh emoji. Of course they're going to make this as drawn out as possible, that's probably the order.

wellidntdiscute Apr 11

@Nonilex funny how they are still trying to do the easiest thing (nothing) when the easiest thing would have been don't violate the Constitution in the first place!

Also, side note: Thanks for these updates - appreciate the ability to easily stay informed. You break things down well.

Ianto Jones Apr 11

@Nonilex day after day of absolutely nothing and zero consequences. All the while, who knows whether an innocent man has been singled out and is being tortured? Or worse?

Grandpa Don RIP World Apr 11

@Nonilex
I know i am repetitive, but in any other country in the world members of the opposition party by now would have raised an army of patriots and stormed the White House - or Mar a Lago, as the case may be. All the good guys are afraid to just say fuck this and cross the rubicon. That is the ONLY way to end this.

@Nonilex put ensign in a holding cell. Nothing is getting their attention. Start "losing track" of their lawyers until they answer simple questions. We have been doing this for 8 years now, judges need to figure it the fuck out

@Nonilex The administration clearly has no intent to comply with the court or really show any respect at all. It’s pretty scary.

MissConstrue Apr 11

@btrinen @Nonilex My fear is that the government will have him dead before they let him talk to the media about cecot.

Obviously, Marco Rubio could call President Bukele to say, “I’m sending a car from the embassy this afternoon to pick up Abrego Garcia.”

Rubio has so much power to do harm, but he and the entire administration claim to be so powerless to right a wrong.

Yvonne ‘looks undocumented’Apr 12

@donray @Nonilex 1000x this!!

@grammasaurus @Nonilex

Much of what Rubio, Noem,and Bondi say and do smacks of pathetically trying to please their unhinged boss. Really, that statement fits anyone willingly working in the administration.

Christine Olson Apr 11

@Nonilex The longer this goes on, the more I think they suspect he is dead. At the very least, if returned, the tale he has to report on conditions will chill even the coldest MAGA heart. (If you can find a MAGA heart. 👀)

MissConstrue Apr 11

@Runslowrunlong @Nonilex I suspect he is dead, or will be before they let him in front of reporters.

@Runslowrunlong

I god. I really hope you’re wrong.

Sean Fenian Apr 11

@Nonilex @Runslowrunlong Or they're stalling UNTIL he's dead, for some fever-dream-imagined political gain.

Lee from Colorado Apr 11

@Runslowrunlong @Nonilex I assume he's dead already.
And if he's not, he will be by the time they say anything more.
This is where we are now.

Shdwdrgn Apr 11

@Nonilex The only thing you could possibly need time to "evaluate" is how you're going to try and avoid complying with the order. Are you going on record stating you are trying to avoid compliance?

Captain of the SS El Faro Apr 11

@Nonilex It's such a deference to power that DOJ's lawyers aren't in jail for contempt. They're obviously in contempt and anyone else would have been found such.

MissConstrue Apr 11

@Nonilex Thank you for your labor on this. It’s a lot of spoons.