The Trump administration said a Salvadoran man who was mistakenly deported and then brought back to the US on criminal charges will ānever go freeā on American soil, even though a judge ordered his release.
Kilmar Ćbrego GarcĆa was deported in March as part of an immigration crackdown. Government officials said he was removed in error, but they were unable to bring him back.
Earlier this month, he was sent to the state of Tennessee, where the justice department charged him with human smuggling.
The judge overseeing the case said on Sunday that Mr Ćbrego GarcĆa should be released from custody while he awaits trial. But she noted immigration officials would still have the power to detain him.
So much for āinnocent until proven guiltyā.
Itās important to remember that it actually doesnāt matter if Garcia is guilty of any crimes. They might eventually prove that he committed treason, or murdered puppies, or raped someone, or some other crime actual Republicans have actually been convicted for without facing consequences. His guilt or innocence is not as important as the process we use to determine guilt or innocence. Youāve hit the nail on the head, but I think itās bigger than anyone imagines. Without āinnocent until proven guilty,ā we literally have no laws. There are no legal foundations below that one, and everything is built upon it. It is to the law what thermodynamics is to cuisine. Without it, thereās nothing else. We could talk in theory about recipes (legislation), but you canāt heat or cool things. We could eat raw ingredients (natural law) but only if it doesnāt require refrigeration, thatās just eating naturally ocurring local food. You might think thatās a good thing, but a return to a state of nature is the opposite of civilization.
Trump doesnāt even get that far. He stopped at the words ādue processā and said āNope.ā
I think the idea is that if heās acquitted, theyāll just deport him somewhere other than El Salvador, which they can legally do.
He missed his window to apply for asylum years ago, so the non-removal order protecting him applied specifically to deportation to El Salvador. He can be sent elsewhere, and with Trump trying to open concentration camps elsewhere, I think heāll eventually end up in a different torture prison.
I hate this reality.
Does him being kidnapped to a gulag on mistaken identity not make him eligible for the visas you can get if a crime is committed against you?
So, that phrase doesnāt actually appear in the US Constitution, but the Fifth Amendment does explicitly guarantee ādue processā, and the concept of āinnocent until proven guiltyā has always been seen as directly tied to that
ftfy