4 ms·
> Confirmed crimes are not allegations. He entered the USA illegally - without "due process". He is a member of a foreign terrorist organization. He was even ar
by hn_acker 2y ago
> Confirmed crimes are not allegations. He entered the USA illegally - without "due process". He is a member of a foreign terrorist organization. He was even arrested in the company of MS-13 gang members with long criminal records.
Let's not muddy the waters. The only crime Garcia committed was entering the US at 16 years old to flee a gang in El Salvador. Garcia has never been charged or convicted for any crimes in any country [1].
> Elizabeth Kessler - the immigration judge declared in charge of his case declared that this man's release in the USA would endanger the public since "evidence shows that he is a verified member of MS-13.". Hell, even an appeals court later affirmed the judge's decision.
And that judge's "evidence" contradicted by the DOJ [1][2]:
>> The GFIS explained that the only reason to believe Plaintiff Abrego Garcia was a gang member was that he was wearing a Chicago Bulls hat and a hoodie; and that a confidential informant advised that he was an active member of MS-13 with the Westerns clique. ...
>> According to the Department of Justice and the Suffolk County District Attorney’s Office, the “Westerns” clique operates in Brentwood, Long Island, in New York, a state that Plaintiff Abrego Garcia has never lived in.
> Due process was followed.
> Its not complicated.
It's very complicated, except for the fact that due process was not followed. Garcia had a protective order specifically against being sent to El Salvador [1]:
> He argued, as the government has since admitted, that his removal was illegal because an immigration judge had granted him “withholding of removal” to El Salvador due to his “well-founded fear of future persecution” there from a violent gang known as Barrio 18.
And on the matter of appeals courts, a 4th Circuit Court of Appeals judge (J. Harvie Wilkinson III, appointed by Reagan) who in the past ruled in favor of sending an American citizen to Guantanamo with no charges has decided that Garcia was incorrectly removed to El Salvador and that the Trump administration is defying the Supreme Court order to facilitate his return [3].
[1] https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13--what-do-we-know https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13...
[2] https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.1.0_3.pdf https://storage.courtlistener.com/recap/gov.uscourts.mdd.578...
[3] https://www.techdirt.com/2025/04/18/this-should-be-shocking-conservative-judge-blasts-white-house-as-senator-finally-accesses-abrego-garcia/ https://www.techdirt.com/2025/04/18/this-should-be-shocking-...