Posted on 04/11/2025 7:20:12 AM PDT by bitt
Earlier this month, Obama-appointed U.S. District Judge Paula Xinis ordered MS-13 gang member and illegal alien Kilmar Armando Abrego Garcia—who had already been deported to El Salvador—brought back to the United States. On Thursday, the Supreme Court issued a unanimous ruling that, according to some interpretations, affirmed Abrego Garcia’s right to return. While liberal commentators rushed to celebrate the decision as a sweeping victory, they ignored key nuances in the Court’s language that sharply constrain the ruling’s actual reach.
The left claims Abrego Garcia was “accidentally” deported to El Salvador, even though that wasn’t the case. The Supreme Court issued an injunction regarding the deadline for his potential retrieval, ordering his return to the United States. However, this ruling comes with significant caveats that many on the left have conveniently ignored in their rush to celebrate.
https://x.com/bykatiebuehler/status/1910463186987606318?
Former Obama aide Jon Favreau, for example, rushed to social media to gloat that the MS-13 gang member would be returned.
https://x.com/jonfavs/status/1910479857143996809?
(Excerpt) Read more at pjmedia.com ...
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So many got jerked by the NYT headline posted yesterday without actually reading the decsion.
To be fair, it would require the Democrats to be able to read and comprehend. That’s a bridge too far.
Not exactly an uncommon thing among, well, most people who follow this stuff.
I agree with your point. The language about deference to the executive branch pretty much undermines whatever actual force the decision would otherwise have had. There is simply no way to pressure El Salvador to return this guy without the court giving direct orders on diplomacy/negotiations that the Supreme Court simply won't approve.
What the Administration likely will do is have some underling send a formal letter to El Salvador requesting that the prisoner be returned, and simply back-channel the desire to have the request refused. Nothing the district court judge can do about that.
Indeed.
My understanding is of three things, first that DC judges have jurisdiction if case is brought where defendant is being held, second, the defendant is no longer under that courts jurisdiction, and third, moot point now, he aint coming back.
To the Dems the fact that the Trump Admin has to bring the illegal back is all that counts
And actually that is the most important part.
Yes that was the most important point and it was 9-0.
“What the Administration likely will do is have some underling send a formal letter to El Salvador requesting that the prisoner be returned, and simply back-channel the desire to have the request refused. Nothing the district court judge can do about that.”
First the DC judge has to reword the order.
Then, Bondi will file again with the USSC.
Sounds like a kid’s game, where they have to stop and make the runner go back and touch the bag, to make it official.
Won’t change the end result, which is recess is over.
Agreed. But the eventual result is going to something inherently vague about the government making an effort to have him returned. Anything beyond the (very) general requirement that the government make some level of effort to have him returned -- that may amount to simply expressing a willingness to accept him should the government of El Salvador offer to return him -- is likely to get shot down by SCOTUS.
So I guess I am predicting that the government will eventually send a letter to the government of El Salvador that it will submit to the Court to document its effort. The letter will be weak as hell, El Salvador will not return him, and that will be it.
They have to TRY to bring him back. What they do to try is beyond court jurisdiction because it involves diplomatic relations with a sovereign country, which is way beyond the jurisdiction of the judiciary including SCOTUS.
Per PJ Media:
“And here’s the part of the ruling that celebrating leftists overlooked:
The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
In other words, the Supreme Court has stepped in to curb overreach by district judges. This week, the Court overturned a ruling by Judge James Boasberg, finding he lacked jurisdiction in a case involving the deportation of violent gang members under the Alien Enemies Act.
In recent days, the Court has also ruled in favor of the administration on freezing teacher grants and the dismissal of probationary federal employees. As for the case regarding Abrego Garcia, White House Deputy Chief of Staff Stephen Miller provided a more precise interpretation.
“False. SCOTUS rejected the lower court and made clear that a district court judge cannot exercise Article II foreign affairs powers. The illegal alien terrorist is in the custody and control of a sovereign foreign nation.””
Sorry libs, the Court’s decision focuses more on procedural aspects than establishing any permanent right to remain in the country. While the Court maintained parts of the district court’s order, it specifically struck down the deadline requirement and called for clarification on implementation.
“But the eventual result is going to something inherently vague about the government making an effort to have him returned. “
Depends on what the district court orders.
It may be that the USSC decides the district court does not have jurisdiction.
But that is not what SCOTUS said. That's the entire point.
The District Court order required the government to "Facilitate and effectuate" his return. ""Facilitate" basically means "assist with", but "effectuate" means "make it happen." SCOTUS was fine with government being required to "facilitate", but NOT with the requirement to "effectuate" because it may infringe on executive prerogatives on foreign policy.
The judge is going to issue another order, but what we know from what SCOTUS said is that the order cannot be that government "must" find a way to have him released and bring him back.
Well, go get him, Paula. Hopefully you 2 can get some alone time together.
The “judges” shouldn’t let the boy re-invade America until he gets badly beaten up in his home in El Salvador as he claims is going to happen. If the bad guys fail to try to kill him like they are doing to President Trump, he can stay safely live there. President Trump should be a model to this little boy. You don’t run to hide in America when your countrymen frighten you. YOU STAND AND FIGHT.
I understand that he’s wanted for crime in El Salvador and they aren’t letting him go.
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