Supreme Court says Trump administration must work to bring back mistakenly deported Maryland man
apnews.com
U.S. District Judge had ordered Abrego Garcia, now being held in a notorious Salvadoran prison, returned to the United States by midnight Monday.

The Supreme Court on Thursday said the Trump administration must facilitate the return of a Maryland man who was mistakenly deported to El Salvador, rejecting the administration’s emergency appeal.

  • ArbitraryValue@sh.itjust.worksEnglish
    22·
    3 days ago

    What exactly it means to facilitate is part of what the court is considering. From the Vox article:

    The Supreme Court concludes that the lower court’s order “properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador…

    But it adds that the “intended scope of the term ‘effectuate’ in the District Court’s order” — to “facilitate and effectuate his return — “is, however, unclear, and may exceed the District Court’s authority.” The word “facilitate” suggests that the government must take what steps it can to make something happen, while the word “effectuate” suggests that it needs to actually make it happen.

    • parody
      1·
      3 days ago

      Thank you very kindly

      Then we need to at least empower that district court to decide what constitutes a successful facilitation? For instance, if we don’t threaten tariffs unless we get the man back, apparently we didn’t even try.

      • ArbitraryValue@sh.itjust.worksEnglish
        3·
        3 days ago

        I think that would be beyond the authority of the court, although exactly where the court’s authority ends is unclear. It doesn’t get to dictate foreign policy, so I expect that it can order the executive branch to do things consistent with the current foreign policy towards El Salvador (like asking for him back) but it cannot order the executive branch to dramatically change that foreign policy (by imposing tariffs).

        The problem I foresee is that Trump can make an official request but also say that he would be happier if the request was not granted. (Something along the lines of “Please return this horrible criminal, who I never want to have in America again, because the court is ordering me to ask you against my will, and keep in mind that if you say no then I won’t force you to do anything and in fact I’ll like you better,” which I don’t think is much of an exaggeration given Trump’s lack of subtlety.) If El Salvador then does not grant the request, I’m not sure what the court could do.

        • parody
          1·
          3 days ago

          “Please return this horrible criminal, who I never want to have in America again, because the court is ordering me to ask you against my will, and keep in mind that if you say no then I won’t force you to do anything and in fact I’ll like you better,”

          💯000

          Yeah it wouldn’t need to be said at all really, the AP headline (ok, article) on the court decision would be sufficient, but

          lack of subtlety

          Cheers for the double dose of insight