The American Council of Immigration does not approve or oppose candidates for elected offices. We aim to provide an analysis of the impact of elections on the US immigration system.
After the US Supreme Court ruled that the Trump administration must “promote” the falsely reported release of Maryland father Kilmer Abrego Garcia from El Salvador’s detention, the Trump administration has doubled rebelliously, with government lawyers informing federal court that Abrego Garcia is supporting those who support his support.
On April 15, after the Trump administration dispersed and refused to reveal information about the measures it was taking to “promote” his return, Maryland federal judge Paula Sinis ordered the Trump administration to begin disclosure of information about his deal with El Salvador, and ordered Abrego Garcia to be detained there. She requested that the government answer questions submitted by his lawyers and ordered the deposition of three witnesses whom the government claimed to have personal knowledge of the situation. All of this will be at a breakneck pace in federal courts, with “quick discoveries” over the next two weeks.
Judge Sinis’ decision calling for the discovery could force the government to ultimately disclose details of the agreement with President Buquere of Salvador. In one exchange, he dishonestly suggested that Abrego Garcia must “smuggle” back to the United States. But what President Bukere didn’t answer was the fundamental question of whether the government was retaining Abrego Garcia in accordance with its deal with the US, as proposed. A rapid discovery may produce several answers to this.
However, if the conclusion is that President Bucquere maintains full custody over Abrego Garcia (even though he has not committed any crimes in El Salvador), what the federal courts can do remains unclear.
Given that situation, the Trump administration is trying to beat the war with public opinion by dismissing its clear error and rejection of the due process into Abrego Garcia’s own referendum. Despite the fact that he has never been charged with a crime in the United States, the Trump administration has portrayed him as the very main criminal whose existence becomes dangerous in the United States.
The attack on Abrego Garcia began with Vice President J.D. Vance. It escalated, with White House press secretary Caroline Leavitt accusing him of being a trafficker, Homeland Security’s Department of Calling him a “violent criminal” and DHS spokesman Tricia McLaughlin accusing him of being arrested for “cash and drugs.” Importantly, when reporters forced the administration to provide evidence of these claims, they have so far completely refused.
The Trump administration’s escalating war with Abrego Garcia runs head-on with facts. So here’s what we know about alleged gang membership:
In March 2019, Abrego Garcia stood outside Home Depot in Hyattville, Maryland, where local police came in and wept everyone there. A Prince Georges County police detective interviewed him for four hours and burned him about possible connections with the gang. After the interview was over, police refused to file charges and transferred Abrego to an ice officer who had come to detain him because of his undocumentedness. This is a civil offence, not a crime.
In April 2019, during his first removal hearing, Abrego first learned that Prince Georges police station had accused him of being a member of a gang. The police detective who interviewed him completed a “Gang Field Interview Sheet” (GFI), which includes two allegations linking him to MS-13. The first was that he was wearing a Chicago Bulls shirt and hat at the time of his arrest. The second allegation was that a secret informant pointed his finger at Mr Abrego, accusing him of being a ranking member of the MS-13 “Western” faction.
When Abrego’s lawyers interviewed the detective in 2019 and went to find out more about this supposed informant, they were unable to speak to him as they were told he had been suspended. What they couldn’t know at the time was that he had been suspended less than two weeks after he filed accusations against Abrego of the crime of exchanging police secrets with sex workers in exchange for sex. The detective was not publicly charged until June 2020 after Mr Abrego’s case was already over.
At his bond hearing, ICE submitted its GFIS document as evidence of MS-13 membership. The immigration judge saw the allegations in documents regarding the skeptical gang clothing, but concluded that the secret informant argument is sufficient evidence of MS-13’s membership to deny Abrego Garcia Bond. The Immigration Committee later refused to overturn the ruling on a “clear error” standard.
Since then, there has been no indication that other evidence of gang membership has been presented so far by government officials. Only the gang field interview worksheets were filled out by the dishonorable detective. And that’s exactly the document, and the judge’s decision six years ago remains the only evidence that the Trump administration suggested it would provide.
The details of Abrego Garcia’s case are important, but the broader principles are important too. The Trump administration’s deal with Bukere offers them a convenient way to avoid a legitimate process. No matter how illegal the deportation is, they deport someone there and willingly transfer custody to the alliance, arguing that the court cannot stop them.
This is a dangerous moment for the United States. If Trump and Bukel can work together to disappear into one of the world’s most infamous prisons, and the judges can’t stop them, everyone in the country is at risk. This concern is especially heightened as Trump continues to flirt with the idea of sending US citizens to El Salvador to get jail.
As it stands, Abrego Garcia finds himself trapped in an infamous prison, not because of the crimes he committed or the crimes and punishments levelled by judges, but because the United States owns the error and it is politically inconvenient to make it right. And that is a situation that should create Americans who will infuriate the rule of law and the legitimate process. To reverse this terrible injustice, it is both federal judiciary and the American public intending to stand up to the bullies.
Submitted below: El Salvador, Trump administration
