Well, we are heading to SCOTUS at a breakneck speed, as the 4th Circuit decided to go entirely
off the rails in their latest filing. They denied Trump's motion to stay proceedings pending appeal, and said some truly insane shit. Starting with some free praise for the insane district judge.
Followed up by a complete misstatement of the case history and basic facts:
As we discussed, Garcia was
never a resident and received ample due process in an immigration court
and an appeals court. He's had more than his share.
I'm starting to think this judges haven't even read the file.
These issues were already adjudicated by the immigration courts, who have jurisdiction. Orders of withholding are at the discretion of the Executive, as are Foreign Terrorist Designations. These are not re-viewable by the District court.
First, one attorney (since fired for incompetence) in an initial oral proceeding, does not the position of the government make. Secondly, Garcia is
a foreign citizen in the custody of his home nation. The US Government and especially this court has zero jurisdiction. None, zilch, zero, nope, nada, can't do it.
The context of
facilitate this court claims it isn't bound by is the context of the legal term of art in the immigration context. You can't take the term of art from its context, then try to replace it with a different meaning and shove that meaning into the context. Even if you tried, facilitate is not proactive or external, it is complimentary to the actions of another. If I am getting a couch delivered to me, I can
facilitate that delivery by sharing my phone number with the furniture store, being home at time of delivery, opening the door, taking up the rug, etc. This is different from me driving to their warehouse and loading it in my truck itself - that would be
effectuating, ie to make it happen.
In the immigration context the term of art
facillitate means that, if an illegal were to say present himself at the border, ICE/DHS would allow them entry
for the purpose of showing up at their hearings and not put up any barriers to this. It does not include sending planes to whatever country they are in, or sending Seal Team Six to bust them out of a foreign prison.
No shit, thats what you're doing now.
Here we see how crazy they are; the
means, the laws, are made by CONGRESS. The judiciary does not get to make up laws and legislate from the bench, but this court think they are able to do so. Insane.
I can't tell if I'm reading a court opinion or some puff piece from CNN. There was due process, there was no valid order preventing this deportation. No process involved with Garcia could be used on an American citizen, period. This is just hysterical attempts at gaslighting.
This is ridiculous on its face. A
sovereign nation has no responsibility to extradite its citizens to a foreign nation. And likewise the US has no right to demand they do so. Even so, for such matters as criminal extradition, those are party to treaties which are the sole purview of other government branches - not the courts.
Further, Garcia does have recourse of law - in El Salvador, where he is a citizen and currently held!
"Dude we just ignored all the facts, all the law, and acted like you're our bitch that has to do whatever we say. We just ordered you to invade another country and snatch up a terrorist gang member to let loose on the citizens. Like bro, why are you mad?"
This part is especially rich. Who is going to end up with egg on their face, the executive trying to keep illegal invader gang bangers out of the community, or the justices pitching bitch fits and throwing tantrums with gavel banging histrionics?
Roberts needs to borrow some balls from Thomas, and start smacking down these district courts. This is insane.
