Trump-Bukele detention deal heads for clash with courts

Submitted by WW4 Report on Fri, 04/18/2025 - 18:52

The Trump administration's deportation policies took center stage this week as Salvadoran President Nayib Bukele visited the White House, courts continued challenging the legality of the deportations, and a Maryland senator travelled to El Salvador in an attempt to make contact with a man known to be wrongfully deported.

On April 14, Bukele visited the White House for a televised press conference attended by Trump and leading members of his cabinet. An opportunity to celebrate the close relationship between the two leaders, the meeting was chummy from the beginning. Seated next to Trump, Bukele bragged that, though the press likes to critique him for "imprisoning thousands," he had actually "liberated millions" in his country (meaning from violent crime). Trump then interrupted him to say that was a "very good line" and asked if he could "use it."

"You have 350 million people to liberate," Bukele replied, even if Trump has to "imprison some." Bukele played to all of Trump's favorites: he called the border crackdown "remarkable," asked why the media was not giving Trump the credit he deserved, and made a joke about "DEI hires."

Challenged by the press on the case of Kilmar Abrego García—a Maryland man who the government has admitted was wrongly deported to the Terrorism Confinement Center (CECOT), El Salvador's maximum security prison—Trump, the members of his cabinet, and Bukele himself addressed the case head-on. The gathered leaders oscillated between spreading falsehoods about court rulings, slandering Abrego García as a "terrorist," and feigning helplessness as to how they could possibly return him to the United States. Even though the Supreme Court had unequivocally sided with Abrego García on April 10—unanimously instructing the US government to take steps to "facilitate" his return—members of the Trump administration recast the ruling as "9-0 in our favor."

In its ruling, the Court stopped short of ordering Abrego García's return, citing the constitutional principle that the executive has sole discretion over foreign policy. Nevertheless, the administration distorted the nature of the ruling by arguing that Abrego Garcia's return was "up to El Salvador" and that their only obligation was to "facilitate" his return if Bukele chose to free him. Asked by the press if he would release him, Bukele pretended his hands were tied: "I hope you're not suggesting that I smuggle a terrorist into the United States. How can I smuggle a terrorist into the United States? Of course I'm not going to do it. The question is preposterous."

So far, the Trump administration has provided no evidence to substantiate the claim that Abrego García had ties to criminal activity. Following the White House press conference, the New York Times released the latest in a string of media reports which found that of the original 238 migrants deported to El Salvador (Venezuelans supposedly linked to the Tren de Aragua crime network), upwards of 90% had no criminal convictions in the United States. Despite multiple court orders that cite rampant violations of due process, the deportations have continued; on April 13, the US sent another 10 alleged "criminals" to the country.

In a scathing ruling released on April 16, US District Judge James Boasberg said there was "probable cause" to hold US government officials in criminal contempt of court for ignoring his injunction against the deportation proceedings. In an effort to call attention to the matter, Maryland Senator Chris Van Hollen boarded a plane to El Salvador and demanded access to Abrego García. After initially being turned away, Van Hollen met briefly with Abrego García at a hotel in San Salvador on the evening of Apri 17. Bukele, with characteristic snark, tweeted after the meeting that Abrego García had "risen from the 'death camps,'" to sip "margaritas with Sen. Van Hollen in the tropical paradise of El Salvador." (In fact, photos appeared to indicate they were drinking water.) He also made clear that Abrego García is not returning to the United States anytime soon: "Now that he's confirmed healthy, he gets the honor of staying in El Salvador's custody."

The Trump administration's entrenchment on the matter suggests that the deportation of migrants to Salvadoran prisons will not only continue but likely expand. Fresh off meddling in Ecuadorian affairs in the lead-up to their recent election, former Blackwater CEO and mercenary boss Erik Prince reportedly pitched the Trump administration on a plan to vastly expand deportations to El Salvador. The proposal relies on the ludicrous idea of avoiding legal challenges by designating part of the Salvadoran prison CECOT as US territory. Though it is unclear to what extent the talks have advanced, the Trump administration has allegedly already discussed the idea of the United States owning part of a prison complex that has been repeatedly hit by allegations of massive human rights violations.

From NACLA Update, April 18. Some internal links added.

See our last report on the human rights crisis in El Salvador.

Supreme Court halts deportations under Alien Enemies Act

Submitted by WW4 Report on Sun, 04/20/2025 - 03:04

The US Supreme Court early April 19 temporarily blocked the Trump administration’s latest attempt to deport Venezuelan nationals under a 1798 law known as the Alien Enemies Act (AEA). The Trump administration claims that the detainees are members of the gang Tren de Agua, which it has listed as a terrorist organization.

Lawyers for the American Civil Liberties Union (ACLU), representing two Venezuelan men subject to deportation, claimed federal officials informed "numerous Venezuelan nationals currently in the government’s custody" that they may be imminently deported under the AEA. The ACLU argued that "lightning-fast" deportations would deprive the men of their due process rights and violate a Supreme Court order made earlier this month.

In that decision, the Supreme Court vacated a lower court's order that the Trump administration halt the deportations; the court reasoned that the plaintiffs did not bring their claims to the proper venue. However, the court stipulated that:

AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.

The deportations are on hold pending appeals proceedings and further order of the Supreme Court. (Jurist)

Appeals court scolds Trump admin in wrongful deportation case

Submitted by WW4 Report on Sun, 04/20/2025 - 03:19

In yet another development within a one-week period in the wrongful deportation case of Kilmar Armando Abrego Garcia, the US Court of Appeals for the Fourth Circuit on Apri 17 denied the Trump administration's request for an emergency stay of a lower court order demanding Abrego Garcia’s return. Including the Supreme Court, this is now the third federal court to deliver yet another blow to the Trump administration in the Abrego Garcia case.

Prior to this development, the Supreme Court on April 10 denied the federal government's request to vacate that very same order. The following day, Judge Paula Xinis of the said lower court ordered the government to provide daily updates on Abrego Garcia’s location and the government’s facilitation efforts. Xinis stated that she imposed this requirement because the Trump administration failed to provide proper updates as previously ordered.

Then on April 7, President Donald Trump's advisers, together with El Salvador President Nayib Bukele, took the position that neither the US nor Bukele had the requisite authority to return Abrego Garcia. This was followed by yet another order April 8 from Xinis demanding sworn testimonies from Trump administration officials regarding efforts taken by them to comply with her order the previous week. That order authorized Abrego Garcia's lawyers to depose various officials from the State Department and the Department of Homeland Security.

This order from the Fourth Circuit relates to Xinis' original order earlier this month on which the Justice Department had requested an emergency stay pending appeal and a writ of mandamus. The Fourth Circuit denied both requests, stating that it will “not micromanage the efforts of a fine district judge attempting to implement the Supreme Court’s recent decision.” Judge J. Harvie Wilkinson, writing for the Fourth Circuit, added:

The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.

This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear. The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order…

Today, both the United States and the El Salvadoran governments disclaim any authority and/or responsibility to return Abrego Garcia… We are told that neither government has the power to act. The result will be to leave matters generally and Abrego Garcia specifically in an interminable limbo without recourse to law of any sort.

The basic differences between the branches mandate a serious effort at mutual respect. The respect that courts must accord the Executive must be reciprocated by the Executive’s respect for the courts. Too often today this has not been the case, as calls for impeachment of judges for decisions the Executive disfavors and exhortations to disregard court orders sadly illustrate…

We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos. This case presents their unique chance to vindicate that value and to summon the best that is within us while there is still time.

The court also reminded the executive branch of its obligation to respect the rule of law and referred back to former President Dwight Eisenhower's decision to enforce the Supreme Court’s rulings in Brown v Board of Education to desegregate schools “with all deliberate speed,” despite his personal views on the matter. (Jurist)

Appeals court upholds TPS for Venezuelans facing deportation

Submitted by WW4 Report on Sun, 04/20/2025 - 03:26

The US Court of Appeals for the Ninth Circuit on April 18 rejected a bid by the Department of Homeland Security (DHS) to strip deportation safeguards from roughly 350,000 Venezuelans who live and work in the US under Temporary Protected Status (TPS), according to the plaintiffs. (Jurist)