Kilmar Garcia et al. vs. US Department of Homeland Security et al.
documentcloud.org
documentcloud.org
“Three days later, on March 15, 2025, without any notice, legal process, or hearing, ICE forcibly transported Abrego Garcia to the Terrorism Confinement Center (‘CECOT’) in El Salvador... Their heads were shaved, and they were marched into CECOT to join nearly 40,000 other prisoners held in some of the most inhumane and squalid conditions known in any carceral system.”
“Defendants have claimed—without any evidence—that Abrego Garcia is a member of MS-13 and then housed him among the chief rival gang, Barrio 18. Not to mention that Barrio 18 is the very gang whose years’ long persecution of Abrego Garcia resulted in his withholding from removal to El Salvador.”
> MR. REUVENI [the Government's lawyer]: Your Honor, I will say, for the Court's awareness, that when this case landed on my desk, the first thing I did was ask my clients that very question. I’ve not received, to date, an answer that I find satisfactory.
The people doing this are not serious people. I don't know whether that should scare me more, or less.
"Justice Dept. suspends lawyer who acknowledged deportation was a mistake" - https://www.washingtonpost.com/national-security/2025/04/05/...
"Trump says he'd 'love' to send American citizens to El Salvador federal prison" - https://www.irishstar.com/news/us-news/donald-trump-hed-love...
A 2011 study indicated at least 1% of deportations were consistently US citizens with no rectifications or resolution
Page 629 from this study:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1931703
I’m glad people starting to pay attention to this kind of stuff
> Although the legal basis for the mass removal of hundreds of individuals to El Salvador remains disturbingly unclear, Abrego Garcia’s case is categorically different—there were no legalgrounds whatsoever for his arrest, detention, or removal. Nor does any evidence suggest thatAbrego Garcia is being held in CECOT at the behest of Salvadoran authorities to answer for crimesin that country. _Rather, his detention appears wholly lawless._
In short, they kidnapped someone--I'm using that word precisely because it was "lawless" and that's what elevates a detention to a kidnapping--and flew them to a foreign prison without notice, without hearing. From the street, transported hooded to a plan, and imprisoned in medieval conditions.
It was a mistake they concede. Oh well. Can't do anything about it now.
Do not argue that this individual should not have received a chance to have a court recognize the mistake. There is nothing separating your position from his. If they can kidnap him they can kidnap you. The government's position is, simply put, no one can stop them if they do.
But I can't see any reason besides malice, or cruel disregard for human rights, behind continually ignoring the usual legal process when they'd already been reminded what it was and that they should stop violating it. The executive staff must have explicitly worded their demands so that the agents in the field circumvented this man's due process. I refuse to believe everyone in the chain was identically derelict in their duties when passing along commands. There was no good faith, and every decision maker behind this kidnapping should be given their own days in court.
As for the paralysis of fear, this should be like accepting a bribe: we want officials to fear prosecution.