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re: Hey Democrats, if Kilmar Garcia isn’t MS-13, why does he have MS-13 tattooed on his hand?

Posted on 4/18/25 at 9:59 am to
Posted by Jake88
Member since Apr 2005
78153 posts
Posted on 4/18/25 at 9:59 am to
quote:

You mean the era of being a country of laws?
Did you say this when federal drug laws were being ignored by blue states? Did you say this when sanctuary cities and states began ignoring federal immigration laws? Maybe you did. Maybe you should reiterate your concerns for consistency's sake?
Posted by SallysHuman
Lady Palmetto Bug
Member since Jan 2025
14840 posts
Posted on 4/18/25 at 10:00 am to
quote:

What I dislike is when the govt. refuses to follow court orders.


His country wanted him back... he is subject to their jurisdiction.
Posted by Dock Holiday
Member since Sep 2015
1821 posts
Posted on 4/18/25 at 10:01 am to
quote:

To not violate the law



Wrong!
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86079 posts
Posted on 4/18/25 at 10:01 am to
quote:

No. This involves something larger: a scheme by the admin to permit illegality without review.



"Illegality" happened. It's being reviewed. Again, there isn't a viable remedy here.

quote:

The worry is if these schemes are permitted, they can legally expand to citizens and be abused by the DEMs.


lol

I'm sure.
Posted by Bjorn Cyborg
Member since Sep 2016
34124 posts
Posted on 4/18/25 at 10:01 am to
quote:

We've negotiated releases into freedom in other countries before (and quite often). No administrative hearing was even necessary.


We've sent an American citizen, currently in prison, to a foreign country for an immigration hearing, or some similar administrative function?

LOL, no.

You are confusing prisoner swaps and Brittney Griner situations, which are the opposite of what we are talking about.

Regardless of whether there was a mistake and that there is something to be "rectified", the mistake was not El Salvador's and I doubt they see this "admin" mistake as something with any importance.
Posted by Champagne
Sabine Free State.
Member since Oct 2007
53640 posts
Posted on 4/18/25 at 10:02 am to
quote:

They have to have the order rescinded legally, which requires his return for that litigation/due process.


You have not provided any substantive reason explaining why the personal presence of the gang member is a constitutionally required part of the remedy.

You have not explained the underlying reasoning for the Admin decision to deport him to someplace other than El Salvador. If it was for reasons of personal safety from Barrio 18 gang members, then, I contend that this administrative concern has been reasonably cured, because he is confined in a place that provides reasonable protection of his personal safety.

You seem to insist that the Administrative error cannot be cured unless the gang member is personally present in the Administrative Hearing that will take place back here in the USA. I say to you that you are mistaken.

I contend that This is an Administrative error. He was scheduled to be sent to some other country than El Sal for personal safety reasons. He was sent to El Sal in error, but, I contend that the administrative concern for his personal safety has been met, cured and satisfied because of the nature of his status back in his home country of El Sal.

If any further hearing is necessary, certainly his personal presence at that hearing is not required. AT MOST, he could appear by Zoom or something like that.
Posted by IvoryBillMatt
Member since Mar 2020
8889 posts
Posted on 4/18/25 at 10:02 am to
quote:

This is a case of Schrodinger's Gangbanger.


Kudos for the argument and "Schrodinger's Ganbanger."
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
69117 posts
Posted on 4/18/25 at 10:02 am to
Slow is never confused. Other people are.

Ask him.
Posted by CleverUserName
Member since Oct 2016
16313 posts
Posted on 4/18/25 at 10:02 am to
quote:

To not violate the law


It’s not violated in El Salvador. Where he is from. Where he is a citizen. Where he is located. Where he belongs.

You and the rest of the limp wrists can sky scream about the issue here until you pass out.

But where he is NOW is legal and settled per El Salvador. Where he is from. Where he is a citizen. Where he is located. Where he belongs
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86079 posts
Posted on 4/18/25 at 10:03 am to
quote:

That’s not true. What I dislike is when the govt. refuses to follow court orders.


to the extent this is true, the Court probably shouldn't issue orders involving impossibilities
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466703 posts
Posted on 4/18/25 at 10:03 am to
quote:

Did you say this when federal drug laws were being ignored by blue states?

States don't enforce federal drug laws. And that's within the discretion of the various bodies. It's not violating laws.

quote:

Did you say this when sanctuary cities and states began ignoring federal immigration laws?

Again, states don't (can't) enforce federal immigration laws.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466703 posts
Posted on 4/18/25 at 10:04 am to
quote:

lol

I'm sure.


They remove you to El Salvador. Then claim they can't return you because you're under El Salvadorian jurisdiction. What can you do?
This post was edited on 4/18/25 at 10:05 am
Posted by SallysHuman
Lady Palmetto Bug
Member since Jan 2025
14840 posts
Posted on 4/18/25 at 10:05 am to
quote:

Kudos for the argument and "Schrodinger's Ganbanger."


Thanks!
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80165 posts
Posted on 4/18/25 at 10:05 am to
quote:

What can you do?


Think about how your choices in life got you there.
Posted by Dock Holiday
Member since Sep 2015
1821 posts
Posted on 4/18/25 at 10:05 am to
quote:

The illegality occurred while present in our country.


Nope! You opinion is not based on fact and that's not clearly addressed in SCOTUS documents.
Posted by Bjorn Cyborg
Member since Sep 2016
34124 posts
Posted on 4/18/25 at 10:08 am to
quote:

They remove you to El Salvador. Then claim they can't return you because you're under El Salvadorian jurisdiction. What can you do?



Reductio ad absurdum


Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
86079 posts
Posted on 4/18/25 at 10:10 am to
No, and when the prior administration reviewed asylum claims by app, knowingly and intentionally left the border unsecured and flooded the country with illegal immigrants - they said next to nothing.

And now they want to make sure the administration dots every i in the process of trying to do what's best for the country - which is the mass removal of millions of people who shouldn't be here.

It's basically NRO conservatism:

1. Do nothing while abuse of the country goes on, save occasional mild complaint.
2. When we gain power to try and correct, arise from their long slumber to vehemently criticize any action to remedy it.
3. Claim we're violating our own ideological tenets by not willingly going to the grave. When confronted, claim to support the undoing of the injustice imposed on the country, but by means they know full well are implausible.
4. When we lose power "well gee shucks, next time, brothers!"
Posted by dgnx6
Member since Feb 2006
86225 posts
Posted on 4/18/25 at 10:10 am to
quote:

Well the admin says they made a mistake. Fix the mistake. Follow the legal process. Deport if necessary.



So you cant post the law?


The legal process was followed.


Garcia is the one not following processes and laws.


He arrived illegally in 2011; he was set to be deported in 2019. Thats when he finally decided to apply for asylum.


He was in violation of our laws for 8 years. While allegedly committing other crimes that violate our laws. Like domestic violence.



But you, sfp and ivory bill dont care about laws.











This post was edited on 4/18/25 at 10:14 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466703 posts
Posted on 4/18/25 at 10:10 am to
quote:

Reductio ad absurdum

It's not.

This is the legal scheme being blessed ITT. Now it has to defend its limits.

It's only absurd until it happens.
Posted by Jake88
Member since Apr 2005
78153 posts
Posted on 4/18/25 at 10:10 am to
quote:


Again, states don't (can't) enforce federal immigration laws
So it's fine when they ignore detainers/holds placed on individuals by the feds?

Federal laws are not applicable to the states? The following is an AI response and I'm asking you honestly, not in a gotcha attempt if it is incorrect...
quote:

Yes, federal drug laws are applicable to the states, but the Supremacy Clause of the Constitution establishes that federal laws take priority over state laws in case of a conflict. However, states can also create their own drug laws as long as they do not directly contradict federal regulations.

Didn't states create laws directly contradicting federal regulations in both examples I asked about?
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