By John Q. Hosedrinker 
The Trump administration, in a Supreme Court brief, argues it can deport anyone—citizen or immigrant—to a foreign country without due process and deny them all constitutional rights. This claim, made in the case of Kilmar Armando Abrego Garcia, wrongly deported to El Salvador despite having protected status, asserts the government’s inability to retrieve individuals held in foreign prisons, even if the deportation was an error. The administration contends that federal courts lack jurisdiction over individuals held abroad at the government’s request, even though the US pays for their detention. This unprecedented assertion, if accepted, would effectively allow the government to create overseas black sites from which individuals could be permanently disappeared, undermining fundamental due process protections for all.
Read the original article here
The Trump administration has unveiled a legal strategy that essentially grants itself the power to abduct and deport anyone it chooses, regardless of citizenship status or legal residency. This isn’t some clandestine operation shrouded in secrecy; it’s a brazen assertion laid bare in a Supreme Court brief.
The administration contends it possesses the legal authority to forcibly remove individuals to foreign nations, specifically citing El Salvador, without affording them any due process. This act of rendition would effectively strip the individuals of their constitutional rights. Once in the custody of a foreign government, the U.S. claims it bears no responsibility for their fate, even if the deportation was demonstrably a mistake.
This alarming claim was made public in an emergency application to the Supreme Court, seeking to block a lower court order demanding the repatriation of Kilmar Armando Abrego Garcia. Mr. Abrego Garcia was deported to El Salvador despite having been granted protected status by an immigration judge. The administration readily admits this was an “administrative error,” yet insists it lacks the power to rectify the situation.
The solicitor general’s argument rests on the assertion that the U.S. government cannot compel El Salvador to return Mr. Abrego Garcia. This is true, even though the U.S. government itself deposited him in a notorious Salvadoran prison and is reportedly paying for his incarceration there. The administration essentially argues that the U.S. courts have no jurisdiction in this matter, leaving Mr. Abrego Garcia – and by extension, potentially anyone – subject to indefinite detention, hard labor, torture, or even death in a foreign prison.
This legal blueprint establishes a chilling precedent. The claim that the U.S. government can evade judicial oversight by sending citizens or residents to foreign prisons where human rights are routinely violated is deeply troubling. It creates a system where anyone could be deemed an enemy of the state and summarily disappeared, with no recourse through the American legal system.
The implications are far-reaching. If the Supreme Court validates this theory, the administration’s ability to circumvent the rule of law is significantly enhanced. This potentially opens the door to widespread abuses of power, jeopardizing the rights and safety of every American citizen. The argument’s sweeping nature leaves no one immune; any individual could become a target, regardless of background or alleged offense.
The underlying justification, that the U.S. lacks control over foreign sovereign nations, is a simplistic argument that ignores the fact that the U.S. government actively facilitated and is currently funding the detention of these individuals in El Salvador. This suggests a willful disregard for the implications and a clear intent to establish a system of extrajudicial punishment outside of any accountability.
This legal strategy goes beyond the deportation of undocumented immigrants; it threatens the core principles of American justice. The claim that the government can simply disregard due process and human rights concerns when dealing with anyone deemed undesirable is alarming. This scenario raises concerns about a potential escalation towards authoritarianism, where dissent is silenced through arbitrary detention and disappearance.
The situation is further aggravated by the conditions reported within Salvadoran prisons. Descriptions paint a picture of horrifying overcrowding, rampant violence, systematic abuse, and a lack of essential medical care. This environment presents a clear and present danger to anyone detained there, making the potential for harm even more concerning. The Trump administration’s disregard for the well-being of those deported is shocking, especially given the knowledge of these deplorable conditions.
The potential consequences extend beyond the individuals directly affected. This legal strategy could easily embolden other governments to engage in similar practices. It could erode international norms regarding human rights and due process. The U.S. is setting a dangerous precedent for global governance, undercutting its claims to leadership on issues of human rights and the rule of law.
The lack of clear accountability is especially disconcerting. The ease with which the administration admits to errors while simultaneously claiming the inability to correct them points towards a deliberate attempt to operate outside the traditional checks and balances of the American system. This should trigger alarm bells for all who value democratic principles and the protection of individual liberties. The current system may be failing to provide adequate safeguards against such egregious abuses of power.
It is imperative that this issue receives widespread attention and condemnation. The potential erosion of fundamental rights and the frightening ease with which the administration seeks to operate outside the bounds of the law demand immediate scrutiny and action. This is not merely a legal argument; it is a potential threat to the very foundation of American democracy.