this post was submitted on 07 Apr 2025
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politics

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[–] [email protected] 69 points 5 days ago (3 children)

Can someone tell me if I am wrong.
Would this not set a precedent, if the Supreme court agrees with the White House, that if one man can be "wrongly deported" this gives the White House and ICE the ability to "wrongly deport" anyone they don't like since we don't have to bring them back?

[–] [email protected] 43 points 5 days ago (1 children)

Yep, it would be ceding habeas corpus. It would effectively agree that anyone secretly kidnapped out of the country and handed to another authoritarian state was a totally legal and cool end run around the Constitution.

If the Supreme Court agrees to this, it's knocking a pretty huge block of the foundation out of our democracy.

[–] [email protected] 19 points 5 days ago
[–] [email protected] 4 points 5 days ago

A temporary stay by one justice does not create a legal precedent. Whatever the full supreme court rules in this case will create a legal precedent.

[–] [email protected] 62 points 5 days ago* (last edited 5 days ago)

As predicted.

Roberts gave no official reason yet, but we all know how this case is going to end up.

Most likely, the Supreme Court is going to say that while the Trump administration made an "administrative error" in deporting him, there is currently no enforceable remedy available. There's also the chance that they'll just slip in a reminder that this man's deportation was an "executive decision" by Trump as part of his official duties and is therefore immune from any legal liability even when he makes an error.

Most likely, the official decision is going to render Xinis' order unenforceable and therefore quashed and that'll be the end of this case. His family may continue trying to pursue this case through civil litigation, but will most likely run into the same wall of "Too bad, so sad, Trump's immune, sucks to be you."

[–] [email protected] 59 points 5 days ago

The Justice Department told the Supreme Court that ordering officials to return the man is “unprecedented”

Funny that they're fine with the unprecedented deportation of innocent people to life imprisonment in savage foreign prisons without due process ...

[–] lurch 35 points 5 days ago (2 children)

I hope, he's not already been kashoggied.

[–] [email protected] 35 points 5 days ago (4 children)

I don't know why this is being downvoted. There is a very real possibility that he's already dead. He's being housed in a cell with members of the very gang that he was fleeing from. Those people have nothing left to lose. They're in there for the rest of their lives and could just kill this guy for funzies and their situation wouldn't change at all. He's not, to our knowledge, being held in any kind of segregated unit for his own protection, and there's nobody who can check on his well being. Heck, either Trump or Bukele could just order him killed because he's too much of a political liability. For all we know, we could be fighting for the freedom of a man who was killed by his cellmates last week.

[–] [email protected] 11 points 5 days ago (2 children)

This was the gay hairdresser right? Yeah, no chance the dude is alive.

[–] [email protected] 24 points 5 days ago (2 children)

No, that's a separate case. That said, I'll agree that that guy is probably dead too.

This guy fled El Salvador at roughly around the age of 16 and illegally entered the US. He's married to a US citizen and has a daughter with special needs. He has not been charged with any crime in the US, and was granted an order protecting him from removal to El Salvador in 2019 on humanitarian grounds.

That order was ignored.

[–] [email protected] 15 points 5 days ago* (last edited 5 days ago)

And, to be clear, 2019 was under the trump admin. I can't stress enough how crystal clear and dire someone's case would have had to have been for Trump's immigration judges to grant asylum. They were giving that out to basically nobody during his first term. Except for I guess this guy.

[–] [email protected] 2 points 5 days ago

Thanks for the info. Pretty fucked up in deed!

[–] [email protected] 1 points 5 days ago

Makes no difference.

It's a prison full of gang members. A gringo is dead, period.

[–] [email protected] 8 points 5 days ago (1 children)

Just FYI, I very much doubt that there are segregated units there. CNN did a piece about this prison. It is designed to be degrading and inhumane.

In a recent visit, CNN’s David Culver and his team described cells “built to hold 80 or so inmates” where men are held for 23.5 hours a day and “the only furniture is tiered metal bunks, with no sheets, pillows or mattresses … an open toilet, a cement basin and plastic bucket for washing and a large jug for drinking water.”

...

The CNN team that visited in late 2024 described the deprivation as “deliberate,” noting the men were allowed out of their crowded cells for just 30 minutes a day, that “there is no privacy here, no trace of comfort” and the lights are on 24/7.

“They do not work. They are not allowed books or a deck of cards or letters from home. Plates of food are stacked outside the cells at mealtimes and pulled through the bars. No meat is ever served. The 30-minute daily respite is merely to leave the cell for the central hallway for group exercise or Bible readings,” wrote CNN’s David Culver and his team.

Inmates are not allowed visits from family or friends and some of them must face the possibility that they will never be released.

[–] [email protected] 4 points 4 days ago

1 open toilet for 80 men.... 1... 1... 1... I cannot wrap my head around that singular inhumane fact. Everything about this is horrible, but this is devilry incarnate. The most basic human needs that you cannot control, the most disgusting ones that no one wishes to have be unhygienic and public... make no mistake, that toilet is never clean if it even works at all and 80 men definitely cannot all hold it 24/7 while someone else is using the damn thing. This is horror.

[–] [email protected] 1 points 5 days ago (1 children)

Someone in the cell he’s in would have to recognize him tho. I don’t know how possible that is. And it doesn’t seem like inmates are able to really communicate. If he’s housed with a bunch of other inmates who were also deported from the US, I feel like (hope) he’s probably not going to be recognized.

[–] [email protected] 4 points 5 days ago

He's in one of, if not THE most dangerous prison in the world. They have over 300 deaths a year, committed by the inmates.

If he gets out alive, it'll be a miracle. And then there's the PTSD.

[–] [email protected] 1 points 5 days ago

I don't know why this is being downvoted.

Because the circumstances of Khashoggi’s death were entirely different?

[–] [email protected] 16 points 5 days ago* (last edited 5 days ago)

dude's been in there for weeks now; he's going to end up with psychological trauma at the very least and his family is going to pay the price for it.

[–] [email protected] 13 points 5 days ago (2 children)

In this case, I think the morality around leaving him there is more important than a power struggle over what the courts can and can't tell the president to do.

Hell... Trump COULD try to get him returned, but it's still choosing not to

[–] [email protected] 12 points 5 days ago

They can get Kristi Noem there for a photoshoot whenever the fuck they want. It would be trivial to bring him back.

[–] [email protected] 1 points 5 days ago

I think Trump should fly there on Air Force 1, personally escort this man out, and kneel and ask his forgiveness on air, and fly him home.

[–] [email protected] 10 points 5 days ago

I had an amazing fantasy earlier of sending the supreme court to this very same prison

[–] [email protected] 12 points 5 days ago (1 children)

Rule of law? What rule of law?

[–] [email protected] 2 points 5 days ago

White makes Right.

[–] [email protected] 8 points 5 days ago

Supremely Corrupt

[–] [email protected] 5 points 5 days ago
[–] santa 2 points 5 days ago

I hope he sues the crap out of us!