Extrajudicial Deportation

Trump Admin Seeks Power to Deport Anyone, Anywhere, Without Due Process

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.

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