Written by Nicholas Ricardi
President Donald Trump on Monday repeat He wants to send citizens to us who are committing violent crimes to prison in El Salvador, and tell the president of this country, Nayb Bokili, that he “will have to build five other places” to keep the potential new arrivals.
Trump administration is already It was deported Migrants to the huge Silvador CecotIt is known for its harsh conditions. The president also said that his administration is trying to find “legal” ways to charge American citizens there as well.
Trump insisted on Monday that these would be “violent people”, which implicitly would be that they would have already been convicted of crimes in the United States, although he also put it as a punishment for those who attack Tesla’s agent to protest his administration and sponsor, billionaire Elon Musk. But this is likely to be a violation of the US constitution for its administration to send any citizen from an original citizen to an external prison. In fact, a ruling of Trump’s law that Trump himself was likely to violate during his first term.
Below is a look at the idea of sending American citizens to prison in a foreign country, and why this is likely not to be legal and some possible legal gaps.
If it is legal to do for immigrants, then why not citizens?
Immigrants can be deported from the United States, while citizens cannot. The deportation is covered under the Immigration Law, which does not apply to American citizens. Part of being a citizen means that it cannot be forcibly sent to another country.
Immigrants can be removed, and this is what happens in El Salvador. The country takes both its citizens that the United States sends as well as those in Venezuela and perhaps other countries that will not return its citizens from the United States that the Venezuelane sent there last month, they have no opportunity to respond to evidence against them or appear before the judge.
This is the deal that the Trump administration Fell With an agent. The United States sent people to El Salvador, Costa Rica, Panama and other places, even when they are not citizens in those countries. However, under international agreements, people cannot be sent to countries that are likely to be persecuted or tortured.
Why does the Trump administration want to send people to El Salvador?
He is called the Agent himself “the most amazing dictator in the world” and leaves human rights during his administration. It has also turned into El Salvador from one of the world’s most violent countries to some extent. Trump adopted this example, including visiting the Oval Office on Monday.
Send immigrants from countries like Venezuela to El Salvador sends a message to potential migrants elsewhere about the dangers of trying to reach or stay in the United States.
There is a second benefit for management: people who are sent to El Salvador are outside the judicial jurisdiction of the United States courts. The administration argues that judges cannot order someone to send him to El Salvador for his release or shipment to the United States because the United States government no longer controlled it.
It is a potential legal gap that prompted Supreme Court Judge Sonia Sotomiore to issue a dark warning in her opinion in the United States Supreme Court 9-0 Not possible A fly claims the members of the Venezuelan gang to El Salvador without a hearing of the court, even after he summoned Trump Law of the eighteenth century The last time during World War II is used to demand wartime authorities.
“The effects of the government’s position are that only the citizens of the United States cannot transport the streets, forcing them to aircraft, and they are limited to foreign prisons without an opportunity to correct.” She was writing to the opposition from the majority that took the case from the federal judge who initially prevented the administration from any deportation and ordered the planes on its way to Al -Salvador around it – which seems to be the administration ignorance.
The second case highlights the risk of sending people to El Salvador. The administration admits that it sent a man from Maryland, Kilmar Abrago Garcia, by mistake to El Salvador. One of the Silvadorian immigrants, Abyerigo Garcia, who was not accused of a crime, was against the deportation but was shipped to Cecot anyway. On Monday, the agent and Trump mocked the idea of his return, although the US Supreme Court ordered the administration to “facilitate” his return.
Wait, can they send citizens to El Salvador?
Nothing of that such is thinking about the history of the United States, but it seems unlikely. There are other legal barriers along with the fact that you cannot deport American citizens. The United States has handover treaties with many countries, as it will send a citizen accused of a crime in that country to confront the trial there. This seems to be the only current way that can be removed by the country under the current law.
The constitution also prohibits a “harsh and unusual penalty”, and one of the CECOT points is that the conditions there are much more severe than in prisons in the United States as mentioned above, federal courts have no jurisdiction there, and this may be deprived of people who sent a constitutional guarantee of the due legal process.
“It is illegal to set the American citizens for a crime,” wrote Lauren Brock Eisen of the Brennan Social Justice Center in New York.
She noted that even if the administration tries to transfer federal prisoners there, on the pretext that they are already imprisoned, this may be inconsistent with the first step law that Trump defended himself and signed in 2018. The ruling requires that the government try to put their federal colleagues as soon as possible from their homes.
One last gap?
There is one gap that the administration can use to send a small group of citizens to El Salvador. They can try to strip the nationality of the people who obtained it after migration to the United States.
People who have made the United States for citizens after birth can lose this situation for a few crimes, such as financing terrorist organizations or lying to naturalization forms. Then they return to green cards holders, and they will be qualified to deport if they are convicted of other serious crimes.
This is a small, but real group, from people. Perhaps the most important thing about it is that it requires loss of citizenship first. In other words, there is likely no legal way to force the citizen to get out of the country. But a few can end in legal danger anyway.
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