The Trump administration wants everyone to believe that the case challenging its deportation of Kilmar Abrego Garcia to El Salvador’s infamous Centro de Confinamiento del Terrorismo, or CECOT, is about the government’s right to deport undocumented immigrants, or gang members, or terrorists. But it’s actually about whether the United States government can kidnap someone off the street and then maroon them, incommunicado, in a prison abroad with little hope of release.
The Atlantic
Trump laughs at your edicts he doesn't agree with.
According to the majority, the migrants cannot sue in D.C., where the president and his subordinates are planning and carrying out much of this program. Instead, they must file petitions for habeas corpus in the federal courts where they are being confined in south Texas.
[...]
First, most federal judges in Texas are extremely conservative and are far less likely to safeguard the migrants’ rights; even if they do, the government can appeal to the MAGA-aligned, far-right U.S. Court of Appeals for the 5th Circuit, which is all but certain to rule for the government. Second, the plaintiffs will probably have to file individual habeas petitions, pressing their cases one by one, since the Supreme Court has never approved “habeas class actions” (and Texas judges surely won’t do so). So the litigation will become far more laborious and time-consuming. (How they will gain access to a lawyer is another troubling question.) And in the related case of Kilmar Abrego Garcia, the Justice Department has taken the position that migrants have no rights once locked up in CECOT. So if a conservative judge rubber-stamps a deportation, and officials whisk away the migrant to El Salvador before he can appeal, he will have no further access to justice in the view of the U.S. government.
Moreover, it is also entirely unclear where migrants who have already been deported to El Salvador must now file their petitions. They had been represented by the classwide litigation in D.C. which is now defunct. But they cannot file in Texas because they’re being held in a foreign country. [...] [T]hey are simply stuck in CECOT indefinitely with no recourse.
Slate
UPDATE 09:33 am:
UPDATE 07:26 pm:
The good thing about Trump 2.0 is you don't have to understand anything. You just have to do as you're told.
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