An American constitutional crisis in Central American prison

The American constitutional democracy test is revealed in an unlikely place: a dark prisoner system in Central America.

US President Donald Trump made many things in his second term that was considered Authoritarian or illegalAnd it threatens Do more.

But there is one line that he did not cross, at least not yet. He did not deliberately challenge an order, clearly from the court, and Rubicon crossed into a constitutional land where there are no rules that do not apply to it.

This makes the issue of Kilmar Abrego Garcia more than just a mysterious story about the removal of one man to the various al -Salvadori prisons, including, at first, a goling -like facility.

Many are not clear about the man himself.

Court’s decision this week Admitted allegations Abrego Garcia is a low level GangHe suffers from the history of home abuse allegations. Or was he already running away from his hometown of El Salvador, to build life as a constructive worker in Maryland, with an American wife and child?

From his alleged gangs, a Court decision He said this week: “Maybe, but may not.”

What is more clear in this case is that it has the ability to open the flood gates to the constitutional crisis in the shadow of Trump, which many fear and expected.

The administration is requested by the courts to at least an attempt to follow the law. In other words, he made an effort to restore Abrego Garcia; The appropriate papers file; And seek to deport it again – but legally.

Trump’s response, so far? Explicit mockery. The administration was reprimanded by the lower courts and mocked them. The Supreme Court was weighing, and now, for the first time, Trump may challenge the Supreme Court.

Obviously, he enjoys this battle: instead of talking about unpopular tariffs on a large scale, Americans are now talking about immigration – a Popular issue For Trump.

But members of the legal community, and no only LiberalsHe insisted that this is greater than immigration, or any one situation, and exceeds natural local policy.

“We are quickly approaching our first real moment,” said Dean Harold Hongjo Koh, a constitutional law professor and legal advisor to the Ministry of Foreign Affairs during the Obama presidency.

“Will the Supreme Court allow him to stay away from a transparent smell? If this is not the case, will Trump defy a public order from the court?” Koh wrote in an email to CBC News. “And does the American public accept the horrific claim that Trump has the ability to charge innocent people like Abyerigo Garcia – and even American citizens – for holes abroad without even the fig paper of due legal procedures?”

The minimum court described this case as amazing. In a decision formulated by one of the appointed Reagan, the court said that some legal conflicts are complicated. But this is not one.

“It is not difficult at all.”

“The government affirms the right to abandon the population of this country in foreign prisons without the similarity of legal procedures that are the basis of our constitutional system,” the decision said.

“This must be horrific not only for judges, but to the intuitive feeling of freedom that are still dear.”

Background in the case

Here is the ABREGO GARCIA version of the story, which was listed in court files.

The United States illegally entered when he was a teenager in 2011. He says he was running away from El Salvador because the street gang in the capital was threatening his family. His mother Cecilia turned a company that sells PUPUSAS, or corn cakes, and was forced to pay the protection funds to the Bario 18 gang.

When the fees rise, she was told that if she did not pay, one of her sons would have to join or kill the gang. In a state of panic, the family sent one son to the United States, where he became a citizen.

Then the gang began asking about Aberigo Garcia – who fled.

In 2019, he was arrested in a place for gathering for work offices in the home warehouse in Maryland. It was scheduled to be deported. He tried and failed to demand asylum, but he won a rare matter of removal. This means stopping deportation to El Salvador, due to the alleged risk of the gang.

He married an American, and they had a son, non -verbal and united. He obtained a full -time job as a metal factor for the sheet, and he had no criminal record and satisfied the conditions of the court by appearing in a regular examination with the authorities.

Suddenly, two months ago, it was withdrawn by the immigration authorities. His wife learned from the pictures on the Internet, a few days later, that he was transferred to El Salvador Anti -Terrorism Prison.

I monitored it among a group of men who showed kneeling on the floor with their hair shaved and arms on their heads.

A federal lawyer in the court admitted that the deportation was a mistake. The courts now demanded that Trump repeat Abyerigo Garcia, or at least try.

But the administration has escaped for them. In fact, he says, there was no mistake. until hanging The federal lawyer who admitted the error.

Trump team takes

Many Trump officials and the president himself refused the lack of due legal procedures.

“Do you think we will sit around, slide our hands, wonder if,” Oh, perhaps we should release this person, give them a little extra time, and give them an additional small opportunity to waive their case? “

“So what?

Miller blamed the media for focusing on this case and said he hoped to spend more time reporting murders by illegal immigrants; The White House highlighted one of these cases by inviting the sad mother to the media briefing room.

Then the Trump team took a rare step in its launch Black files Abygo Garcia’s innocence interrogation. One of them claimed that when he was arrested in 2019, he was wearing symbols related to gangs; It was with two well -known criminals. And that a reliable laboratory defined it as “Chequeo”-the lowest rank of the MS-13 chapter. The file also claimed the title of a gang is “Chil”.

The administration also published two separates Police reportsHe presented on various occasions, where his wife accused him of the battery – with punching and scratching. He even released Old Police Report Where, after routine traffic stopped, an officer saw that he might participate in human smuggling.

But Abigo Garcia was not accused of a crime. His lawyers also call the gang, through one, illogical source, as he was accused of belonging to the New York -based gang branch, but he never lived in Maryland.

Until the following: The moment of the truth

The minimum court has ordered the return of Abyerigo Garcia and to give legal procedures, and want an oath from administration officials, by April 23, explaining why they have not yet complied.

The Supreme Court did not go to this extent. He said that the administration should try to “facilitate” his return, and show how it tried. The lower court is also required to control its instructions.

The final test will come when the courts provide new instructions, and how Trump responds to them.

The initial signs are not promising. The administration has continuously worsened the first Supreme Court’s decision, describing it as a 9-0 resolution in favor of Trump.

He also threw her hands, saying that with all these measures, it is impossible to deport millions of illegal immigrants. But this does not revolve around millions of cases: it is about 1000 people per year It usually gives blocking state, such as Abrego Garcia.

The President of El Salvador joined the ridicule. Nayib Bukele announced that he is unable

He said that Abugo Garcia did not go anywhere and coincided with the democratic Senator Chris van Holin, who He visited with the prisoner in El SalvadorBased on Monday “Margarita“Van Holin denied that they were drinking alcohol and claimed that the residents of the Boukil placed glasses on the table to organize the photos.

In one of his many tweets, Bukele described this as a chess game.

But it is not a game. It is a deadly issue of a constitutional republic. In its decision this week, the Court of the Fourth Department of the government begged to respect the law. He called for legal behavior.

The ruling said, “(Administration) may succeed for a while to weaken the courts, but with the passage of time history will call the tragic gap between what was and all that may be, and the law will be signed at the appropriate time.”

“We are yet clinging to the hope that our good brothers in the executive authority do not believe that the rule of law is vital to American ethics. This issue exposes their unique opportunity to prove this value and summon the best in us while there is still time.”