Agree! I’m also not happy with the word “release” vs “return”. Trump will happily have Garcia dumped on the streets of El Salvador to be killed by the very gangs he fled his country to escape.
This is what my brain went straight to. Release is not return and what if Bukele decided he didn't want that prisoner released and he tries something nefarious to get him back inside after his "release". Facilitate is the other beef I have, as if that's all they CAN do.
I haven't read the SCOTUS ruling, so I don't know precisely how they're using it, but in general it might be a question of "you can't make El Salvador release them" versus "you need to work with El Salvador to release them"
"Effectuate" implies that the district court has found that the US DOES have effective control over the deported El Salvadoran, which as far as I know has not been subject of evidentiary hearing
I think that's a reasonable assumption, but Supreme Court wants Trump to have kayfabe protection
In a far darker turn of events, ICE may already be aware that it's no longer possible to return him alive, but they're trying very hard not to let that fact become public knowledge because the propaganda machine is still months away from making that an acceptable sacrifice for the average American.
Anyway, as a general matter, it's extremely unusual for the US to demand that a country hand over one that country's nationals, except via the extradition process. The fact that the wrongfully gulaged individual is an El Salvadoran citizen is a wrinkle in the case, if El Salvador wants it to be.
Also a layman, but as I see it, SCOTUS is giving the Trump administration room to claim they tried but 🤷🏻♀️ whereas the District Court’s word choice says they WILL get Kilmar Garcia back.
"Facilitate" sounds like "you should assist whoever is going to return him".
While "effectuate" sounds like "YOU will return him".
I get the feeling SCOTUS essentially just defanged the whole order and relegated Garcia to rot in that prison indefinitely, because the judge can't enforce anything.
Gov is going to say they can’t actually get him out of the prison themselves, all they can do is ask El Salvador to let him out. It is very likely they will not meaningfully try to get him out, just pretend they did and El Salvador said no, and SCOTUS will let them get away with it.
Or, we could all speak ordinary English and say: he should not have been deported. The government erred. Get him back where he belongs and be prepared for one hell of a lawsuit.
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Return = returned to the USA.
It’s an important distinction.
"Facilitate" means "give it a try, but we recognize you put him outside the power of the US 😊 "
I think that's a reasonable assumption, but Supreme Court wants Trump to have kayfabe protection
While "effectuate" sounds like "YOU will return him".
I get the feeling SCOTUS essentially just defanged the whole order and relegated Garcia to rot in that prison indefinitely, because the judge can't enforce anything.