The article centers on the Supreme Court's consideration of the Trump administration's deportation of Kilmar Abrego Garcia to El Salvador's CECOT prison. The administration claims the case involves deporting undocumented immigrants, but the core issue is whether the government can exile Americans to foreign prisons without due process.
The Trump administration argues that federal courts cannot order the return of individuals exiled to foreign prisons, even if mistakenly deported. They claim that forcing interaction with a foreign power is unconstitutional. This could create a loophole allowing the government to exile citizens and claim error, leaving them stranded.
Legal scholars and judges express alarm. The possibility of the government sending individuals to foreign prisons without due process and claiming “administrative error” is seen as a path to unchecked lawlessness. Critics argue that the Fifth and Fourteenth Amendments guaranteeing due process, and the Eighth Amendment prohibiting cruel and unusual punishment, are violated. Even American citizens have been affected.
The Fourth Circuit Court of Appeals rejected the administration's argument, highlighting Abrego Garcia's lack of criminal history. The Supreme Court issued a temporary block, but a separate ruling allowed deportations under the Alien Enemies Act to continue with judicial supervision. Justice Sotomayor's dissent emphasizes the risk of removal to dangerous conditions in CECOT.
The article suggests the Supreme Court’s past rulings have contributed to the current situation by:
The author concludes that the nation is on a path to “perfect lawlessness,” largely due to the Supreme Court's decisions and the ongoing disregard for due process. The case highlights the potential for the government to act outside the bounds of the law and the implications for human rights and individual liberties.