The article centers on the case of Kilmar Armando Abrego Garcia, who was deported to El Salvador despite having been granted protected status in the U.S. The Trump administration, having admitted to an "administrative error," refuses to facilitate his return, arguing that U.S. courts lack jurisdiction because he is in the custody of El Salvador.
The administration claims it has the legal authority to abduct and deport anyone, citizen or immigrant, to a foreign nation without due process. They assert they can extinguish constitutional rights by imprisoning individuals abroad and that they have no responsibility to bring them back, even if deported erroneously. This argument was made openly in a Supreme Court brief.
The core of the legal battle lies in the concept of "constructive custody." Opponents argue that because the U.S. government requested and funds Abrego Garcia's detention in CECOT, a notorious Salvadoran prison, the U.S. retains jurisdiction. The administration counters that interfering would impinge on the executive's conduct of foreign relations and Article II of the Constitution.
The Supreme Court's decision will have significant consequences, potentially legitimizing the use of CECOT as a black site. The Trump administration intends to send hundreds more migrants there. Moreover, the risk extends to U.S. citizens, as ICE regularly deports American citizens in error.
The article concludes that this case is not merely about a single deportation, but a blueprint for circumventing due process and enabling the disappearance of anyone deemed undesirable by the government.