From a recent court order:
It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.
And:
If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home? And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies? The threat, even if not the actuality, would always be present, and the Executive’s obligation to “take Care that the Laws be faithfully executed” would lose its meaning.
Of course, the gaslighting continues:
A renewed push to cast Kilmar Abrego Garcia as a violent member of MS-13 comes amid growing public outcry against his deportation, criticisms about the lack of due process afforded to him, and the US government’s resistance to facilitate his court-mandated return to the country – which could risk a constitutional crisis. Abrego Garcia’s family and lawyers have denied he’s a gang member.
Back to the judge's order:
The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. Moreover, the government has conceded that Abrego Garcia was wrongly or “mistakenly” deported. Why then should it not make what was wrong, right?
In a fully functioning just society, this would not even be a question.
