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I am putting all of my money into saying that the Supreme Court will rule in Trump's favor on this case and claim that the US has no authority to ask El Salvador to send one of its own citizens back to the US, or method of enforcement.
Just for clarity, he's not a citizen. He did have a legal protected status which was supposed to allow him to remain here or at the very least not be deported to specifically El Salvador. Still fucked, but just want to get the facts straight.
EDIT I misunderstood, he is a citizen of El Salvador, but not the US. I'd seen people claiming he was a US citizen and wanted to correct that.
He is a citizen of El Salvador. It even states as much in the first line of the article. He fled the country to escape the political violence and gang warfare. Any charges he's facing are likely made-up and he shouldn't have been sent back there in the first place, but he is a citizen of El Salvador.
That in itself complicates matters tremendously.
Ah, my bad, I misread, I thought they said he was a US citizen. I've seen people making that claim and wanted to correct it
Right. Of course, the obvious question is what would happen if one of the people sent there is a US citizen that got sent there through a similar "error".
Doesn't matter if he was a citizen or not. First, all people within the US are under the umbrella of the constitution and, thus, have rights within our borders. One of those rights is the right to due process. He did not receive any due process, nor did any of those sent to El Salvador. There is nothing then that will catch mistakes like this.
Maybe you or someone thinks that is fine, that non-citizens shouldn't have constitutional rights like the right to due process. Ok, well then guess what happens when a citizen is "mistakenly" picked up by ICE, thinking they are a non-citizen and receives no due process? The exact same thing that happened to him. If we dont even take enough time to verify one's identity, then anyone could be treated as a non-citizen and have no legal recourse at all, including a full US citizen. Due process for everyone is the only way to assure that all citizens receive due process as well.
You are right that it doesn't matter in terms of constitutional protections, but it does matter in terms of how this case plays out.
It's one thing to ask a foreign country to send a US citizen back to the US. It's a completely different thing to ask a country to send back one of their own citizens.
Regardless of what you think of the charges that Garcia is being held on (and I fully agree that they're completely bogus), the US is essentially asking that a foreign country send one of their own citizens back to the US so they can escape the foreign country's own judicial system. That is just never, ever, ever going to happen. I'm not saying it's right or wrong. I'm just saying no country is ever going to agree to it.
Oh, believe me, I am in full agreement. This never should have happened, for many, many reasons. I was just attempting to correct what I thought was a factual inaccuracy that does have a material impact on the case.