The Fourth Circuit's Opinion in the Abrego García Case | Hacker News Reader

The Fourth Circuit's Opinion in the Abrego García Case

writing.kemitchell.com

32 pointsmplanchard4 comments

I have a couple questions about this case: 1. If you read conservative media, they consider this a win, because the supreme court 9-0 watered down the order down to facilitation, which they feel means the executive branch doesn’t need to do much on this case as the executive branch can’t force El Salvador to give up their citizen. Liberal media considers it a win for them, because the supreme court agrees 9-0 they must facilitate. Which take is correct? 2. Most of the legal analysis discusses other topics, but to me ultimate legal question is: Does the deportation of an individual by the United States government to a foreign country which may or may not be where they are citizens and where they are likely to face life imprisonment, violate their basic human rights to Due Process? => Or to put it in simpler english can you imprison someone for life by proxy by deporting them there?

For context, the US has been renditioning folks for my entire life, and likely since the idea of national identity made it a category of treating humans.

If you believe the various books on them (which I am not wholly sure I do but I don't find it unlikely) the CIA has always had sites to where it would pick up foreign nationals and move them, and then torture them or do literally whatever.

That's largely what Guantanamo serves as, if I understand correctly.

Historically (once again, if I understand correctly) that usually this was done for "national security" reasons, which I find to be not much of an excuse for destroying people via extra judicial means.

Now the executive is claiming that deporting folks is an issue of that same national security.

Additionally, they are claiming larger powers to do that kind of thing. And it certainly seems that they would like to do it for masses of people, out loud and in public, and ultimately to folks who have been stripped of citizenship in the same way that they have stripped legitimate green card and visa holders of their legitimate right to be in the country.

To answer your question "Or to put it in simpler english can you imprison someone for life by proxy by deporting them":

yes they have always done that (regardless of the legality of that action) and yes it is becoming a more overt attempt to terrify those of us who dissent or who aren't able to conform to their political ideology.

I understand they have previously done that though before almost exclusively to non us persons for actions taken outside our borders. But I’m shocked this question doesn’t seem to be litigated as it seems blatantly wrong that they could do this to any documented or undocumented us resident living within our borders and even more of a stretch for Venezuelan citizens living within our country undocumented to be deported to their non home country.

Well, yes, I find it incredibly worrying. Especially as someone who finds the ideology that appears to run the US abhorrent.

I am not shocked, however- it seemed blatantly wrong for them to rendition people before now. If they can do it to one group, they will likely do it to others, including you and me.

Other than the (predictable) change in scope it's not a new thing, though.

The US public famously doesn't notice when its government commits crimes- the invasion of Iraq being the first large and obvious one in my life. I was shocked then, but at this point I am more surprised that full blown fascism is taking so long to form up. Hopefully I am just being hyperbolic in my reasoning.

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