why don't federal judges order senators to bring back garcia to the usa?

[berg80]

His 5th amendment rights we not infringed upon in any way shape or form. His deportation is part of due process.

IOW, you feel you know more about the legality of the deportation than the conservative judge who wrote this?

It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. 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.

https://s3.documentcloud.org/documents/25900477/25-1404-ruling.pdf

 

[meaner gene]

His 5th amendment rights we not infringed upon in any way shape or form. His deportation is the result of due process.

And his withholding from deportation was part of his due process.

 

[j-mac]

The USSC said Garcia had to return to the US to get his "due process" that was illegally denied.
The court ordered the US to "facilitate" his return, rather than to effectuate his return.
As the court can't order the control of events outside of their jurisdiction.

That’s exactly right, all except for the due process part. No court, even the USSC can force matters of international affairs. So, unless El Salvador wants to return him, it’s done.

 

[j-mac]

Lets see if SCOTUS is willing to accept that as a legitimate effort.

Gee Judge, I asked, he said no
Meanwhile Trump continues to pay El Salvador

Try as you may to make the courts supreme to the executive, in matters of foreign policy, they have NO say, zero.

 

[meaner gene]

That’s exactly right, all except for the due process part. No court, even the USSC can force matters of international affairs. So, unless El Salvador wants to return him, it’s done.

Not at all. The original judge can, and is requiring the government document their efforts to "facilitate" his return.

And it's up to the judge to determine if those efforts adequately met the USSC requirement to facilitate his return.

 

[berg80]

Try as you may to make the courts supreme to the executive, in matters of foreign policy, they have NO say, zero.

Foreign policy? How does the illegal deportation of Garcia, or any of the other deportees who were sent to the CECOT prison, qualify as foreign policy? Sounds like domestic policy to me.

The reality is this is an example of the executive branch usurping the authority of the judiciary to make due process rulings on deportees under its jurisdiction.

 

[Independent thinker]

After all they are claiming they have the power to usurp presidential authority.

Great question. The senator should be held in contempt for not bringing the guy home.

 

[meaner gene]

Try as you may to make the courts supreme to the executive, in matters of foreign policy, they have NO say, zero.

Actually a judge, if they find them guilty of contempt by failing to "facilitate", fine, or even imprison those government official who failed to put forth a "good faith" effort.

 

[j-mac]

Not at all. The original judge can, and is requiring the government document their efforts to "facilitate" his return.

And it's up to the judge to determine if those efforts adequately met the USSC requirement to facilitate his return.

Nope, he’s acting unconstitutionally…And just to play out your scenario, So, they tell the judge they’re talking with El Salvador, and they are refusing to return Garcia, what then? Judge going to jail the SoS, or President for contempt? Go down there himself? What?

Your premise is ridiculous .

 

[meaner gene]

Foreign policy? How does the illegal deportation of Garcia, or any of the other deportees who were sent to the CECOT prison, qualify as foreign policy? Sounds like domestic policy to me.

Actually it's a mix of both.
No different than the Iran/Contra affair, which was clearly a foreign policy issue, but which also involved domestic policies that effectuated their actions.

 

[rightwinger]

Try as you may to make the courts supreme to the executive, in matters of foreign policy, they have NO say, zero.

Try as he may….Trump is not above the law
He swore to uphold the Constitution

 

[j-mac]

Foreign policy? How does the illegal deportation of Garcia, or any of the other deportees who were sent to the CECOT prison, qualify as foreign policy? Sounds like domestic policy to me.

Because the agreement was made for El Salvador to take them through diplomacy. Like it or not, the moment he left American airspace, Garcia, became repatriated….Its up to El Salvador, not some liberal District judge trying to protect the illegal alien, wife beater, MS13 gang member.

 

[j-mac]

Try as he may….Trump is not above the law
He swore to uphold the Constitution

He is dummy….Immigration issues are the duty of the executive…

 

[meaner gene]

Nope, he’s acting unconstitutionally…And just to play out your scenario, So, they tell the judge they’re talking with El Salvador, and they are refusing to return Garcia, what then? Judge going to jail the SoS, or President for contempt? Go down there himself? What?

Your premise is ridiculous .

The judge if requiring they document their efforts. Merely saying they're talking would not be adequate. The judge will probably they furnish their actual communications, under seal if necessary, to determine if their offer was truly a good faith effort to facilitate.

 

[j-mac]

The judge if requiring they document their efforts. Merely saying they're talking would not be adequate. The judge will probably they furnish their actual communications, under seal if necessary, to determine if their offer was truly a good faith effort to facilitate.

And if he thinks not, what?

 

[rightwinger]

Because the agreement was made for El Salvador to take them through diplomacy. Like it or not, the moment he left American airspace, Garcia, became repatriated….Its up to El Salvador, not some liberal District judge trying to protect the illegal alien, wife beater, MS13 gang member.

Trump is paying them and will continue to pay them

Will he claim under oath that future deportations will follow the law when he cannot rectify acknowledged mistakes?

 

[j-mac]

Trump is paying them and will continue to pay them

Will he claim under oath that future deportations will follow the law?

Of course…This one followed the law.

 

[rightwinger]

Of course…This one followed the law.

The court has ruled otherwise

 

[rightwinger]

Bleeding hearts for foreign thugs (or any thugs at all for that matter) is beyond me, but then I'm not that self-righteous.

OK
Burden is on the state to prove they are “thugs” before they incarcerate them.

 

[meaner gene]

Because the agreement was made for El Salvador to take them through diplomacy. Like it or not, the moment he left American airspace, Garcia, became repatriated….Its up to El Salvador, not some liberal District judge trying to protect the illegal alien, wife beater, MS13 gang member.

What you left out is that they violated the constitution (5th amendment) by deporting him to El Salvador without a hearing.

Constitutional violations are actions that have to be corrected in order to preserve the rule of law.

No different than sending a US citizen to a foreign "black site". Or making an illegal agreement with a foreign government to violate constitutional rights.