Trump Is Asking the Supreme Court To Let Him Have Black Sites
2 years ago by arotrios to c/politics
Summary:
The Trump administration inadvertently revealed on Monday that it is attempting to trap Venezuelan migrants in a catch-22 that would effectively block them from challenging their deportation and detention in an El Salvador prison. In a court filing, the government acknowledged that it had deported at least one migrant to El Salvador due to an “administrative error”—but argued that the individual had no right to contest his imprisonment because he is in the custody of a “foreign sovereign.”
This argument confirms what’s been clear for weeks: The government intends to treat the prison as a black site where migrants have no constitutional rights whatsoever and may be subject to any treatment whatsoever—including indefinite detention, forced labor, torture, or death.
But Monday’s filing illustrates another, more subtle problem that the Justice Department probably did not intend to admit: The government is trying to shunt migrants’ legal claims through a channel that is doomed to end in failure.
It seeks to ensnare these migrants in a Kafkaesque trap from which there may be no lawful escape. And it is trying to sell this subterfuge to the federal judiciary as a legitimate opportunity for due process if any migrants have plausible objections to their treatment.
To see how hollow that promise is, just look to the case of Kilmar Armando Abrego Garcia. A native of El Salvador, Abrego Garcia came to the United States in 2011, fleeing gang violence. Although he entered the country without authorization, an immigration judge granted him protected status in 2019, finding that he would likely face persecution if sent back to his home country. Federal law prohibits his removal to El Salvador. The Trump administration targeted him anyway, pulling him over while he was driving with his son, who is 5 years old and intellectually disabled. Immigration and Customs Enforcement agents falsely claimed that his “status has changed,” arrested him, and threatened to turn over his son to Child Protective Services if his wife did not arrive within 10 minutes. His wife, a U.S. citizen, was able to appear in time, but ICE refused to provide any information about her husband’s arrest. She did not know where he had been taken until she saw a news photo of alleged Venezuelan gang members in CECOT, a notorious Salvadoran mega-prison, kneeling on the ground, their arms raised above their shaved heads. One man, she realized, was her husband.
Abrego Garcia’s deportation was unambiguously illegal, and his lawyers swiftly filed suit demanding his return. On Monday, the DOJ responded with a bombshell admission: Abrego Garcia did have a right to remain in the U.S. and was shipped off to CECOT only because of an “administrative error.” The DOJ then declared that there was nothing the plaintiff or the government could do to fix this confessed mistake. Abrego Garcia, it wrote, would need to file a writ of habeas corpus, the traditional procedure for challenging unlawful detention. Indeed, it argued, Abrego Garcia’s claims “can proceed only in habeas”—he has no other way to fight his imprisonment. And yet, the department concluded, no federal court can hear his habeas claim, because he is “not in United States custody.” He thus has no remedy whatsoever and must remain in CECOT indefinitely.
They took out the socialists like 60 years ago.
Try to say that on the "resistance" communities and you'll get people saying the best they can do is hold glorified parades every now and then, but you're right. If your community isn't MAGA, you could try to pitch the idea of a strike fund and other mutual aid to them "before they come for us too". Might work.
Sooooo.... Concentration camps?
Fascism always turns to gulags or concentration camps. In the United States of Trump they will be for-profit prisons employing modern slave labor. These external solutions are just stepping stones until any resemblance of democracy is eradicated.
You must be Ho, with all that computer knowledge.
I kind of hate it when other people do it though, so I don't. But admittedly it would be effective.
He ain’t taking about NudeAfrica.com
Of course that's what they are. Otherwise they would have been on U.S. soil
They also want to normalize the notion that justice sometimes comes with "collateral damage".
Correct, they won't allow communication with the family or attorney.
They are already kidnapping innocent people in the street and disappearing them for life imprisonment with no chance of parole in El Salvador. There's no due process, not even any consideration of evidence. They'll kidnap whoever they want to. When their victim's innocence is pointed out, ICE say there's nothing they can do to get them back. Those innocent people just have to work as slaves in a foreign prison for the rest of their lives, even when known to be innocent, and even when American. Now these Nazis are ramping up their concentration camp program and will not hesitate to disappear innocent people to secret camps in the USA. No one is safe. This is the time to start fighting.
CECOT, mentioned in this article, is a horrifying dystopian nightmare.
I realize this article is from 2023, but I hate that every photo Ive seen of this place shows the same group of heavily tatted gang members and not any of the innocent people that are being held here. Feels like a deliberate attempt to to distort the public's concept of the people being shipped there.
Worth noting its common for these gang members to be forcibly recruited as children or teens so even a lot of the tatooed ones are akin to child soldiers.
A very good point.
Please let me torture people. Pleeeeease. You let Bush do it!
Trump Is Asking the Supreme Court To Let Him Have More Black Sites
Pretty sure USA has plenty of black sites with full bi-partisan support.
Liberalism is a foundation of fascism.
While America has a bunch of black sites. They're all of questionable legality. That doesn't stop the use, but even then it's understood that once someone is in the US, they fall under US law, which includes constitutional protections.
So the way black sites had to work was to grab a non-citizen in a country other than the US, and transporting them to a site outside the US.
Still a monstrous practice, but there were at least some rules.
Trump wants to legally use black sites on everyone.
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Call me crazy, but I feel like this is precisely the thing we should be rioting over. This is absolutely not ok.
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