An 'administrative error' sent a Maryland man to an El Salvador prison
apnews.com
apnews.com
This isn't the only case, how many others are out there? https://www.theguardian.com/us-news/2025/apr/01/its-a-tradit...
This isn't just flying somebody to their country of origin and leaving them there. This is flying somebody to an unrelated country and the paying a foreign nation to throw them in an overcrowded prison with no oversight for the rest of their lives.
That's true of most of the people the Trump administration are sending to CECOT in El Salvador, but not the guy the article is about:
> Abrego Garcia came to the U.S. illegally from El Salvador around 2011, “fleeing gang violence,” according to his lawyers, and made his way to Maryland to join his older brother, a U.S. citizen.
> The allegations about his affiliation with MS-13 stem from a 2019 arrest outside a Maryland Home Depot store, where he and other young men were looking for work, according to the complaint.
They also claim he had legal protections from being deported specifically to El Salvador:
> An immigration judge denied Abrego Garcia’s asylum request in October 2019 but granted him protection from being deported back to El Salvador.
> In its court filing on Monday, the Trump administration said ICE “was aware of his protection from removal to El Salvador,” but still deported Abrego Garcia “because of an administrative error.”
This is the part that concerns the US. Also the part where this is all being paid for by American tax dollars.
There is no legitimate reason for any El Salvadoran citizen to receive asylum in the U.S. The country is now safer than Canada. If this guy thinks he is being unlawfully detained, he can avail himself of the legal procedures of his own country.
The Guardian article gives some more background, and explains these (catholic) tattoos:
https://www.theguardian.com/us-news/2025/apr/01/its-a-tradit...
(Hint: there are legitimate reasons for receiving asylum in the US as well.)
He was not granted protection from deportation, he was granted protection from being deported to El Salvador. The administrative error is that he was indeed deported to El Salvador. If he was deported elsewhere this wouldn't be an issue:
> Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, said U.S. government lawyers had multiple opportunities to try legally to deport him, including appealing the judge’s 2019 decision or deporting him elsewhere.
> The article omits the information about the immigration judge and Board of Immigration Appeals finding that he was deportable for being an MS13 member, making it seem like the “administrative error” was about that.
It is my understanding that he had not been convicted of anything and that the administration immediately backpedaled on the claim. Do you have contradictory source?
> There is no legitimate reason for any El Salvadoran citizen to receive asylum in the U.S. The country is now safer than Canada. If this guy thinks he is being unlawfully detained, he can avail himself of the legal procedures of his own country.
I don't see how this is relevant at all, nobody was claiming he had asylum here. Again, the problem is not that he was deported, the problem is that the US government violated a US court order.
This is exactly what I was complaining about when I said the article omits key information. Here is a better one: https://www.wmar2news.com/infocus/family-of-alleged-gang-mem...
He went before an immigration judge (which is not a real judge, but rather an employee of the DOJ) who determined that he was deportable due to gang ties. He then appealed to the Board of Immigration appeals, which is not a real court but an agency within the DOJ. The BIA affirmed the immigration judge.
He wasn’t eligible for asylum, so the immigration judge said he could be deported anywhere but El Salvador. There was no violation of a “court order,” just a mix-up within the executive branch about where an illegal alien could be deported to.
It's all big talk and false macho garbage and then the next moment victim card when the president complains that people say bad things about him and he needs the legal system to come down on critics ...
The information omitted by the AP article completely changes the understanding of what actually happened.
While it remains, sadly, Constitutional for the US to enslave people, and the various iterations of statute law abolishing the export slaves first in 1794 and then the slave trade more generally later probably do not bind the operations of the US government only other persons subject to it, the Constitution does require that those enslaved—and those being committed to CECOT are not merely being removed they are being enslaved and trafficked—may only be so enslaved as a punishment for a crime of which they have been duly committed.
So while the actual process in the Alien Enemies Act removals is executive fiat, and the due process under existing law for deportation (which is not afforded in Alien Enemies Act removals) is administrative rather than criminal, the Constitutionally-mandated process for those receiving the sanction being applied in the Alien Enemies Act process is normal criminal process.
It’s like civil trespass. You don’t need a trial to kick someone off your property. And when the police remove them, they’re not being punished.
In the many years we've been discussing similar things I've never known you to change your mind on even the smallest point of any subject. I frankly just don't respect you enough to put more energy into this conversation.
https://en.m.wikipedia.org/wiki/Due_process
Deportation is not an “extreme sanction” if it’s proven that someone is not a U.S. citizen. Non-citizens have no right to remain on U.S. soil except what the government chooses to extend.
But this particular person we are talking about got a hearing and a BIA appeal and was found to be deportable. His asylum request claim was denied. What’s perplexing is why the immigration judge didn’t order him deported.
I suspect the judge would allow a deportation to a country other than El Salvador as soon as the government presented an option of a country willing to accept him. I also suspect few governments in the world would assent to such a transfer.
Let’s say I do get a tourist visa, get admitted at the border, and the second I cross it, I begin openly violating the terms of the tourist visa. Can the government deport me right there and then, or am I entitled to a full jury trial that decides my deportation?
Finally, let’s say that I violate my tourist visa covertly instead of overtly, so that the government finds out only 3 years later. You seem to be claiming in your comment that at that point, I am certainly entitled to a jury trial. If you answered “no, you’re not entitled to trial” in the previous scenarios, what exactly do you think has changed that makes me entitled to it now?
To specifically answer your questions, I think it's reasonable that countries can deny visa applications, but I don't think they should be able to do so for behavior that would be legally be protected in the jurisdiction a person is trying to enter. I do not think the US should be able to deny visa applications for speech critical of the US government or Israel.
Once a person is in the country I would absolutely want for a judicial fact finding exercise to determine whether a person has violated the terms of their admittance. I would prefer that process to take the form of a jury trial, but practically speaking I will also accept the opportunity for people to appear before a judge as a workable but less than ideal situation.
For your final situation time in country changes things legally and entitles a person to a hearing before a judge. Ideally this would be a trial. Furthermore, it is repugnant to think that visas can be revoked for nothing but constitutionally protected activities, such as writing opinion pieces for a newspaper. I believe a judiciary not captured by fascists would find that such revocations are a violation of the plain letter of the first amendment and fourteenth amendment, and that the US government should not be able to take adverse actions against anyone for purely expressive activity.
This is very much not the current practice. The DS-160 form asks you a bunch of questions about things that are not illegal in US, but will almost certainly result in denial of the visa. Not only that, it asks about your family members, and your answers can and will cause visa denial, even if your family members are not applying for a visa with you. This is good and proper: foreigners have no right to enter our country, and just because something is legal for US citizens doesn’t meant it’s desirable, or that we need to extend this right to noncitizens.
> I do not think the US should be able to deny visa applications for speech critical of the US government or Israel.
How about for being a fan of Hitler, glorifying Holocaust, and advocating for changes in US constitution to allow wholesale genocide of Jews and Muslims? None of this is illegal. You are saying that we should we not be able to keep this freak out of our country, right?
> Once a person is in the country I would absolutely want for a judicial fact finding exercise to determine whether a person has violated the terms of their admittance.
When you enter US through a port of entry, a random CBP employee is fully empowered to deny you entry if he decides you violate the terms of your visa, or some other entry denial reason applies. Importantly, you have no right to judicial review of this denial. You can make an administrative appeal, but you are not entitled in any way to have a judge hear your complaint. You are saying now that the second you get admitted into the country, the same process that was due to you before the entry is now insufficient to adjudicate your rights. I don’t buy it, and neither does the law.
> Furthermore, it is repugnant to think that visas can be revoked for nothing but constitutionally protected activities, such as writing opinion pieces for a newspaper.
Why? You can very much be denied the visa for constitutionally protected activities. Happens all the time, in fact. It would be ridiculous if we could deny entry people who glorify Holocaust, but couldn’t kick them out if we find out they do so only after we let them in. First amendment doesn’t prevent us from denying entry to foreigners based on their speech. This is settled law. If we can refuse their entry, I don’t see why it should prevent us from removing them too.
However, much like the legal concept that habeas corpus follows the physical body, once a person is in the United States they should be granted the protections that are granted to all persons within the US and subject to its jurisdiction (I'm using "should" as both normative and descriptive, current actions are in part so controversial because they're violating this principle).
Before sending someone to an overseas slave camp no one has ever been released from? Uh, yes.
... in direct violation of an American judge's legal order. Even the White House admits this!
We're just gonna keep glossing over that fact, eh?
https://www.state.gov/extraditions
> In determining whether a fugitive should be extradited, the Secretary may consider issues properly raised before the extradition court or a habeas court as well as any humanitarian or other considerations for or against surrender, including whether surrender may violate the United States’ obligations under the Convention Against Torture. See 22 C.F.R. 95.1 et seq.
Hence the judge’s ruling, and the Administration’s admission of error.
The UK, incidentally, does the same for us if sending someone here would result in the death penalty.
Kind of a weird question to ask, given that the deportations to El Salvador pretext on the Alien Enemies Act involve none of that, and this specific individual was granted protection from deportation to El Salvador at his immigration hearing in 2019, and the government chose not to appeal.
Note that as well as being in violation of the only decision made by an immigration judge in his individual case, his removal under the Administrations invocation of the Alien Enemies Act also is outside of the authority of invocation of that Act even if one assumes the invocation is valid, as, being invoked on the pretext of an existing war with Venezuela initiated by a Venezuelan invasion of the US (which is preposterous on its face, and the Administration is doing nothing to prosecute the war initiated by this invasion beyond deporting people without due process, demonstrating the lack of seriousness of the claim), it applies only to Venezuelan nationals, and he is Salvadoran.
That said, before being enslaved—and those sent to CECOT are both enslaved and trafficked in the international slave trade—under the 13th Amendment, yes, anyone is entitled to criminal trial.
So the scope of what’s at issue here is compliance with whatever “protection from deportation” might exist where someone has been found to be deportable due to gang ties, and found to lack a valid asylum claim. What possible justification could there be, and are we going to let all the 22 million illegal aliens in the country invoke such third-string justifications?
That's the strength of the evidence that this individual was a gang member. If it can happen to him it can happen to you or to me.
Due process has been working mostly fine for the last 200+ years, no need to switch to fascism.
> In its court filing on Monday, the Trump administration said ICE “was aware of his protection from removal to El Salvador,” but still deported Abrego Garcia “because of an administrative error.”
He was granted protection from deportation to El Salvador. You seem very concerned about the rule of law except when it's ignored or treated carelessly for immigrants.
Some pretty flimsy evidence…
And all this time this guy was what? Working and being productive like anyone else…
Vibes-based justice is back. AI-driven deportations next?
this what happens when you centralize all decision making to people who have no local knowledge of the community they are administrating, and predicate their jobs on following a checklist, usually as implemented by buggy software, instead of making a judgement call based on experience and circumstances.
> Fascism : a populist political philosophy, movement, or regime (such as that of the Fascisti) that exalts nation and often race above the individual, that is associated with a centralized autocratic government headed by a dictatorial leader, and that is characterized by severe economic and social regimentation and by forcible suppression of opposition
This is what happens when you elect a convicted felon, rapist, bullying loser compromised by the Russian state who outright says he wants to be a dictator and he puts sycophants and bullies into positions of power to do exactly that.
Saying this is about local vs nonlocal governance is nothing more than shirking the responsibility of 70,000,000 Americans who wanted this and 100,000,000 Americans who couldn't be bothered to stop it.
Either way I think it speaks to the effectiveness / end result of policy where you take someone working and being productive, paying taxes … and then expend government resources to prevent that (and apparently do a poor job at that even).
https://news.ycombinator.com/item?id=43544534
210 points, 146 comments
I think this shows the worst part of HN. You can have thoughtful and interesting discussions 100+ comments and wider. But when a few people are triggered, they feel that they want to ruin the discussion for everybody else. Whereas they could have closed the tab, and move on.
No clue how to solve it at a wider scale. For me? I just don't engage in topics I don't care about. No need to force my views on others.
Update: it took 5 minutes for this article to also be flagged. Sigh.
> Off-Topic: Most stories about politics, or crime, or sports, or celebrities, unless they're evidence of some interesting new phenomenon. Videos of pratfalls or disasters, or cute animal pictures. If they'd cover it on TV news, it's probably off-topic.
Maybe think about this before knee-jerk flagging
We are not in normal times to have normal rules.
The spirit of HN guidelines still exist. What value do you believe is derived from a discussion like this?
I believe the people sent to a gulag would dislike more people not eschewing the sanctity of a internet forum, than someone 'trivializing' their suffering by using them for argument about how their situation should be discussed in said forum.
The value is that right now a HN user on a visa could be disappeared in to dungeon for months for political speech if Marco Rubio's goons notice him.
You may be familiar with the layer structure of communications: Internetwork layer,below that transport, below that link layer, and at the bottom the physical layer. The physical layer is where it gets really messy: noise, interference, reflections,whatever.
In human interaction, at the bottom layer is the simple fact that at any time, any human can just not follow the rules. That's not necessarily wrong. Maybe the rule just isn't important, and everyone recognises that. Or maybe some deep moral principle should override it. But at that point, other people have to make a moral call - do they ignore this breach of the rules? Do they object? Do they assess the moral principle as overriding?
The military have some usefully neutral terms for behaviors, one of which is 'revisionist'. A revisionist power wants to change the rules, a status quo power wants to keep them. It's fairly clear that the US government is presently a revisionist one. That means that pretty much everyone has now to make the call as to whether what they see is allowable or, given the scale and power of the US federal government, a five-alarm fire. And they will often want to take that to places where they have some kind of trust in the intelligence or good will of the other people there. For a lot of engineers, that's right here. If this were a workplace or uni, there would be break rooms and water-coolers where this kind of discussion could go. But HN has none of that - there's only one category of discussion. So if you flag every such discussion, you're denying them the opportunity to do that. And that's not keeping politics out of HN - that's a political act itself.
If you think you can bury your head and ignore politics for any amount of time, you are mistaken. Your purchases, comments, and actions are all political and strategic, whether you want to believe them to be or not.
It's good to compartmentalize topics. Your argument is like complaining you're not learning Geography in your Physics class. The subject of the site is not politics and that is by design.
This design has absolutely nothing to do with the merits of any given submission related to the topic of politics. Conflating "people who want to keep conversations on-topic" and "people who support policy X" is not fair, helpful or accurate.
Go flag this one then.
Could you recommend some other forums where politics are allowed but people also have a deep technical knowledge and understanding? With also an expected level of mutual respect and effort given to discussion?
Maybe to flag, you should have to click 'hide' first, and be angry enough that you then go and look it up in the hidden list to flag it.
It's short sighted, when this kind of thing comes banging on their door, they won't be able to 'flag' it away.
Edit: I don’t have the exact theory of the inner workings but always assumed that’s why vouching existed. You are more effectively weighting the opinion of higher karma folks to help drive the site. You could always vouch for something but with each cycle it might down weight it as that’s a signal the story is too contentious. You probably lose some valuable discussions but also get to cut many more that are worthless.
I'm looking at the simple fact that flagging/disappearing an article with 150 comments by a select minority is abhorrent in of itself. (Doubly ridiculous is the disappeared article is about disappearing people.)
Again, if you're too triggered about a subject matter, close the tab. Turns out, that's a really simple operation.
As the person who you responded to noted, you don't know why other people flagged a thread. None of us do. That you believe it's due to tribal battles is your own projection.
What's not a projection is that many people chose to have a discussion on a topic despite the flag, and that's interesting, so maybe worth discussing.
But you don't know that, so the claim is projection. As a flagger, you only know why you flagged, but don't know why anyone else flagged. There are many alternative reasons any given story, political or otherwise, could be flagged. People can be engaging in tribalism as their reason for flagging. What's worse: engaging in discussion that is along tribal lines, or hiding discussion for tribal reasons? Which does more damage to this community?
Since we can't know why a given story is flagged, a better discussion might be: given that many people in the community want to discuss a topic despite a flag, how can HN better support those community members?
We have one signal: a low-fidelity binary flag we can't know the reason for and how many people voted for it; and another signal: the discussion, a high fidelity signal we can look into and see all kinds of useful discourse. So clearly your claim that these topics are not wanted on HN is false, given the community involvement in these topics.
Maybe there is some tribalism, but generally it's not at all like reddit, and I find those discussion insightful. Maybe you don't, and that's fine. But why does that mean you get veto over the many people who want to have those discussions here?
Why can't we support those discussions, that again people here want to have, in a way that doesn't involve treating the topic as verboten? Because you keep saying these topics miss the HN mark, yet the community is continually interested in these topics.
So maybe it's the guidelines miss the mark and need updating to meet the community where it's at.
And yes I'm aware of how the flag and vouch system works.
My point was that given the amount of discussion that occurs every day about how this mechanism is failing to meet community needs, perhaps HN needs to start talking about better ways to serve the people.
However there is a large difference in mindset between the following:
1. I don't like the topic or the conversation, so I'm closing the tab or leaving.
2. I'm going to shit on the people who are talking, and force THEM to leave.
That's what flagging does.
And I'm arguing that flagging a post with 150+ comments where people are having spirited discussions is a terrible poisonous thing for a community.
I can speak for myself, I don’t care to see political posts that don’t involve anything new and also have low signal in the discussion. You end with either side either demonizing or praising. Again that’s simply my take on it which might differ from others. It’s not I don’t like the topic but rather I don’t want HN to be another space that gets overwhelmed with political talk. Same with discussions on Israel vs Palestine.
I think they detract from HN and before you start accusing me of being something I am not, I fully support due process. It’s bit of a blurry line but it comes down to seeing how polarizing these topics are and the horse has already been beaten. I always have felt that HN is a mix of excellent moderation as well as a bit of the will of the audience. I don’t want this to be a place to talk politics, it’s already so pervasive.
[I w]ish there was a "vouch" option for when things that the US political right feels is an attack, despite it just being facts and worthy of discussion in an economic sector that is heavily connected with immigration, is flagged.
This community DOES generally have a higher level of discourse than other parts of the internet and I don't believe that is wholly because we avoid contentious topics. (thus my vim vs emacs example)
Israel v Palestine. Lots of posts will pop up over time. If it’s simply an another attach or similar and you start seeing a he roll of disagreement from both sides, flag. There is nothing additive to it. I remember vouching a story though that was touching on Israel’s PR marketing ability of the war. That’s fascination and both new as well as high potential to discuss something new.
In the current immigration and administration. I feel like to some degree the horse has been beaten. There is not much to add for yet another misstep in the administrations policy. There is both no new interesting angles from the news itself and the discussion has been beaten to death by both sides already.
It is not an indication that the topic is not important but to me that there is nothing left to say on the topic. I am certain there are folks that would love to keep going on and on about it for either side but nothing new or engaging comes from it. I am sure others disagree but that is my mental model.
On Bluesky and X you're actually fairly likely to read the conversation or at least policy viewpoints of actual policy makers and think tanks. Rather than hackers speculating about a field they have little experience in.
1. It requires flagging first. And that immediately kills posts ability to naturally grow. They're now invisible, so getting karma to get visibility is way harder. Even if they're unflagged, they're inherently disadvantaged and the original flagger still gets their way. 2. It's not accounted for in deduplication. So if a post is unflagged and it loses all momentum, nobody can repost it or it gets flagged for duplication! 3. Only some people can vouch, and they usually don't even know it exists. 4. And even if you can vouch, you need to go looking for flagged posts to find the post to vouch for.
Maybe some people should lose their flagging privileges when they're clearly abusing it? But I have a sneaking suspicion that won't happen.
"Abrego Garcia was deemed by an immigration judge in 2019 to be a likely member of the MS-13 gang — a decision Abrego Garcia sharply contested and that the government credited to information gleaned from a confidential informant. But the court also agreed at the time that he should not be deported to El Salvador, finding that his fear of being persecuted was credible."
https://www.politico.com/news/2025/04/01/salvador-man-maryla...
Court filing: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578...
Relevant sections include:
> In support thereof, ICE offered a Gang Field Interview Sheet (“GFIS”) generated by PGPD. The GFIS explained that the only reason to believe Plaintiff Abrego Garcia was a gang member was that he was wearing a Chicago Bulls hat and a hoodie; and that a confidential informant advised that he was an active member of MS-13 with the Westerns clique.
> According to the Department of Justice and the Suffolk County District Attorney’s Office, the “Westerns” clique operates in Brentwood, Long Island, in New York, a state that Plaintiff Abrego Garcia has never lived in.
> The attorney for Plaintiff Abrego Garcia subsequently made multiple attempts to obtain additional information from law enforcement concerning these allegations. PGPD indicated that it did not have any incident report related to the Home Deport episode at all, nor did the Department have any incident reports containing his name. The Hyattsville City Police Department (“HCPD”), on the other hand, confirmed it had an incident report for the Home Depot incident, but that only 3 people were named and Plaintiff Abrego Garcia was not one of them, nor did it have any other incident reports with his name in its database. His attorney also contacted the PGPD Inspector General requesting to speak to the detective who authored the GFIS sheet, but was informed that the detective had been suspended. A request to speak to other officers in the Gang Unit was declined.
> On August 9, 2019, the attorney for ICE indicated on the record that ICE had conferred with its law enforcement partners and that all the evidence and intelligence they had was what was contained in the GFIS.
The following article is from 2018. It’s even worse now. They are out of control.
https://www.latimes.com/archives/story/2018-04-27/ice-held-a...
> Davino Watson, a U.S. citizen, was wrongfully held in immigration detention centers for more than three years while he sought to prove his citizenship.
The cruelty and capriciousness is the point. Abolish ICE.