The Abrego Garcia case as of morning on April 14

Kilmar Armando Abrego Garcia, who had, by immigration court order, permission to reside in the U.S., was arrested by ICE in the Baltimore area on March 12 and flown on March 15 to El Salvador’s Terrorism Confinement Center.

The government said that his deportation was an administrative error. The Supreme Court ruled 9–0 that he should be returned to the U.S. and granted court review over his arrest and deportation. It instructed a District Court to order the federal government to facilitate his return. “Facilitate” means to help get something done.

The government then made it clear to the District Court that it will not facilitate Garcia’s removal from prison. It will not ask the Salvadoran government to release Garcia, nor will it share with the court a written agreement between the U.S. and El Salvador, which almost certainly includes the conditions under which El Salvador is detaining Garcia at the request of the U.S. While fabricating an absurd interpretation of the orders, the government, clear as a bell, defies not only the District Court but also the Supreme Court.

The Garcia case contrasts with the burgeoning number of cases in which students are in the process of deportation. These student cases appear as First Amendment cases. They also involve carefully assessing the scope of federal government discretion accorded to it under immigration law. The Garcia case is far simpler: the Supreme Court says he should be returned, and the government should make an effort to return him. The government has made it clear it will not make that effort. The Garcia case also differs from all other deportation cases because Garcia appears uniquely to possess court approval of residency.

What is going on here? There is a component of recklessness and carelessness in how the federal government has addressed this case—characteristics of other aspects of this administration. I do not think that Trump cares whether there are more or fewer legal and/or unauthorized noncitizens in the U.S. I think Trump personally enjoys the idea of picking people off the street and shoving them into unmarked cars. He also likes calling people criminals. Noncitizens satisfy his appetite. Also, he probably correctly views the public as being (relative to economic issues) indifferent to immigration measures.

The next step for the District Court is to hold the government in contempt or, before that, for the Supreme Court to weigh in again and dismiss the government’s concocted defense for non-compliance.

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