Since we’re using El Salvador like it’s a new Gitmo. Like yes, it would still suck for the people from El Salvador.

But at least people from other countries would go back to their home country. Presumably to be treated far better than El Salvador.

  • Ricky Rigatoni
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    143 days ago

    Because then most of the people being deported right now would just be deported to the US, causing a paradox and unfolding reality.

  • @ArbitraryValue@sh.itjust.works
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    173 days ago

    Do you remember how prisoners were kept in Guantanamo Bay, even after they were no longer suspected of any wrongdoing, simply because there wasn’t a country that would both accept them and treat them in accordance with US law? Many of those prisoners ended up nowhere near where they came from.

    Some countries refuse to accept deportees. Some countries are so likely to mistreat deportees that sending them to those countries is illegal. Some countries simply don’t exist anymore.

  • @Lembot_0002@lemm.ee
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    884 days ago

    Because Congress doesn’t care about the well-being of those people. Why else would this nuance be inserted into the law?

    • @surewhynotlem@lemmy.world
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      43 days ago

      We could easily, and should, implement a law saying that people must be deported back to their own country. It just means fewer people would be deported.

      • @nutsack@lemmy.dbzer0.com
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        03 days ago

        it’s not a law that one country can make. it’s a law that requires agreement between countries via international treaty

        • @surewhynotlem@lemmy.world
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          22 days ago

          Still not getting it.

          The US can create a law saying “you can only deport people to their home country”. And if the home country doesn’t allow that, don’t fucking deport them.

          It’s basic empathy.

          Otherwise, let’s just all deport them all to Antarctica. It would save a lot of money on logistics, if we’re willing to not give a fuck.

  • Archangel
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    704 days ago

    Congress recently passed a law that allows people to be deported without due process. They’re not trying to stop him…they’re actively helping him.

  • @Arcane2077@sh.itjust.works
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    73 days ago

    I mean, ignoring the law is this administration’s whole thing, so it wouldn’t matter. Also, as we’ve seen in the UK as well as the US, many targetted individuals have never even been to “their own country”.

  • @bamboo@lemmy.blahaj.zone
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    194 days ago

    Unfortunately for Kilmar Abrego Garcia, he is from El Salvador and in 2019, an immigration judge granted him withholding of removal status due to the danger he faced from gang violence if he returned to El Salvador.

    • @dhork@lemmy.world
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      64 days ago

      Right. That is why the Administration position on this has some merit which the courts need to defer to. As an El Salvadoran who is back in his home country, the US cannot compel his release. All the US can do is ask nicely.

      But, they haven’t even done that. Which is why the courts are so pissed. They know all this, and they know that all the administration has to do is prove they asked, in good faith. They won’t even go that far. They did that performative thing where the El Salvadoran President said “We won’t send him back since he’s a criminal”, but the courts in the US don’t consider him a criminal.

      There is no better definition of “contempt of court” then what the US is doing right now.

      • @bamboo@lemmy.blahaj.zone
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        184 days ago

        I know you’re not defending the administration, but I wouldn’t consider the administration’s position to have any merit. They sent him to the prison and are paying for him to be imprisoned there. Giving them an inch of credibility on technicalities just means they’ll continue to do what they’re doing.

        • @dhork@lemmy.world
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          4 days ago

          But that’s the Court’s job, to look at all the technicalities. The Administration sent him there “erroneously”, but since he is there now neither US courts nor the administration can compel his release. The Courts need to acknowledge that, while also acknowledging that the Administration likely did it this way on purpose, and the whole “administrative error” thing is a crock of shit. But they can’t come out and say that. And that gives Trump a wedge to split the whole thing apart.

          Fascists are good at using the fact that their opponents need to uphold the law against them.

          • @VanillaFrosty@lemmy.world
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            44 days ago

            Fascists are good at using the fact that their opponents need to uphold the law against them.

            Your comment is correct as much as I hate it. But to the quoted portion, their opponents don’t need to. They choose to. And it drives me insane that they think that we can operate within the system the fascists are actively ignoring to fix this. The “normal way” things are done is gone, it’s time to stand firm and take action.

            • @dhork@lemmy.world
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              4 days ago

              Well, justice is supposed to be blind, isn’t it? It’s supposed to deal with everything in a neutral manner. The Court is not supposed to pick sides, and they must operate within the system, because their legitimacy comes from it.

              Other institutions may have more flexibility…

              • @VanillaFrosty@lemmy.world
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                13 days ago

                I agree, but courts have been partisan for a while. See judge Cannon’s handling of Trumps documents case and the supreme Courts handling of his freaking insurrection.

                I understand the way things are supposed to be. But it’s not the way they are. Courts are going to have to decide which side of history they are on.

  • 🇰 🌀 🇱 🇦 🇳 🇦 🇰 🇮
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    4 days ago

    Because then they wouldn’t be able to deport actual US citizens who aren’t the right color. I mean, if they actually respected the rule of law and weren’t already breaking dozens of them.

  • @vvilld@lemmy.dbzer0.com
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    63 days ago

    Because both Houses of Congress are controlled by Republicans who are 100% in support of everything the regime is doing.

  • @Formfiller@lemmy.world
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    63 days ago

    Because our laws only protect the wealthy, enforce racism, sexism and are getting worse and more genocidal in real time

  • @Randomgal@lemmy.ca
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    154 days ago

    Mainly because the law is working as intended. Also because you would have to define what “their own country” is. Think of DACA recipients, who in many cases don’t even speak the language of the place where they were born, have no cultural or family connections back there, is that “their own country” if the are more USian than anything? What tablet the opposite? naturalized Citizens who very much retain the cultural and heritage connections, at times even creating separate cultural enclaves.

    It is almost as if “your own country” is a made up racist concept that gets wielded by power structures to keep people at each other’s throats.