r/IntellectualDarkWeb • u/Accomplished-Leg2971 • 5d ago
Infinite disappearance glitch
Kilmar Abrego Garcia's case is disturbing. He was a legal immigrant who fled El Salvador. He never committed any crime. He had no gang tattoos.
He was apprehended in Maryland by the US Federal Government and sent to the CECOT prison in El Salvador. DHS now admits that this was a mistake, but argued in court filings that they have no ability to retrieve him due to lack of jurisdiction over a foreign prison.
This could happen to anyone. There is very little transparency in these operations, but what little we know shows that they are sloppy and mistakes are bering made. Now they tell us that there is no remedy when mistakes are made.
The Trump administration is paying no price for this monstrosity. Americans have given up their right to liberty.
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u/scarylarry2150 5d ago edited 5d ago
A law-abiding family man was abducted by the federal government and sent to an overseas prison due to what government officials are now admitting was an "administrative error". Oopsies! Government officials are also now saying there's nothing they can do to fix the mistake, since he's now being held under the jurisdiction of a foreign government.
To all the conservatives out there who've spent the past 20+ years lecturing everyone about the constitution and ranting about how the government is the enemy and that the 2nd amendment is sacred and necessary to protect the people from a tyrannical government - this is your opportunity to actually take a fucking stand for what you claim you believe in.
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u/Desperate-Fan695 5d ago
Amazing how his supporters will still defend this. We all know how they'd be acting if Kamala was declaring people guilty of terrorism without a trial and deporting them to CECOT...
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u/Accomplished-Leg2971 5d ago edited 5d ago
Interesting that Rebublicans appear to have become dedicated statists with absolute trust in the federal government. Default defense of these things have become pedantic, cherry picked descriptions of statutory authority.
They appear to have no principles at all. Only the desire to see their team win at any cost.
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u/happyhappy_joyjoy11 5d ago
I think the administration is testing to see what they can get away with. This story should be front page news.
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u/Strange_Island_4958 4d ago
There is no reason to suggest they did this particular case on purpose. I’m not excusing it, they themselves admitted it was a mistake, but calling it a test is a more likely a reflection of your own negative perception of towards anything that this administration does.
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u/happyhappy_joyjoy11 3d ago
300 people suspected of being undocumented were rounded up by ICE, not given any form of due process, and hauled off to a prison in El Salvador. This was done under the Alien Enemies Act, which states the US can deport and detain individuals during times of war. Presently, the administration says they made a mistake, but they won't try to get him back.
We are not at war with any country in Central or South America - the alien enemies act should not apply. According to the US constitution, all people are entitled to due process.
If the administration was working to get this man out of prison and back to the US, I'd be willing to concede that this was a mistake, albeit a severe one. But there is nothing to suggest he just slipped through the cracks. Garcia was actively denied his rights.
I think your unwillingness suggests you either actively support these sorts of actions or at least are indifferent to the rule of law.
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u/jmcdon00 5d ago
No doubt in my mind, Trump could easily get his release, but I doubt he will.
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u/CoolMick666 5d ago
Trump probably could, but he probably will not.
Garcia entered illegally over a decade ago. He claimed asylum after he was apprehended by local police in 2019 while loitering with MS-13 gang members in a Home Depot parking lot, and was identified as a member. The ICE judge granted temporary asylum in 2019 and Garcia was released.
Since DHS admitted that deportation was an error, Garcia will have an ICE hearing, but there is no guarantee that he will be granted asylum.
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u/foople 4d ago
The issue is he is now in CECOT and they’re claiming they can’t get him out. In fact they evade any questions about release dates for any of the prisoners. This is probably because El Salvador’s authorities have stated that they do not expect Cecot’s prisoners to ever be released.. They may not even have the ability to identify and release individual prisoners. They are likely there for life.
Check out the photos in that link above. The cells are so packed each prisoner has only 0.6 sq-m of space. They sleep on metal platforms with no mattress.
Do you believe this is a fair punishment for a non-criminal misdemeanor?
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u/CoolMick666 4d ago
Garcia's refugee claim is entitled to a CIS hearing based upon the CIS judges decision. Fairness is a gray area. Is catch and release a fair policy?
Garcia entered illegally and lived in the U.S. for eight year prior to his refugee claim. Garcia could have been naturalized had he followed the law. He was caught when loitering with gang members, and identified as a gang member.
Perhaps his current plight in an awful prison is just.
What do you think?
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u/Im_The_Squishy 5d ago
Did they even try to get him back. Like make a phone call or even send an email
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u/CoolMick666 5d ago
Partisanship aside, I see several problems: the OP's incorrect, anemic, and hyperbolic descriptions, and the DHS deportation screw up.
Kilmar Abrego Garcia's case is disturbing. He was a legal immigrant who fled El Salvador. He never committed any crime.
Garcia was not a "legal" immigrant when he entered the U.S. around 2011. He did not register with INS. His illegal presence was discovered eight years after. Illegal entry is a criminal violation. 8 U.S. Code § 1325 (Improper Entry by Alien)
He was apprehended in Maryland by the US Federal Government and sent to the CECOT prison in El Salvador.
Garcia was first apprehended in 2019 when local law enforcement found him loitering among MS-13 gang members. An unidentified source claimed that Garcia was a MS-13 member, but an ICE judge granted him temporary protect status when Garcia requested asylum status (claiming rival El Salvador gangs would harm him), and Garcia was released.
ICE agents apprehended him in March 2023, and deported him to El Salvador. The deportation to El Salvador was certainly an administrative law violation, 8 USC 1158 (a) (1): Asylum. However, this assumes that the AL Judge did not violate Exceptions, particularly section (B) the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the United States.
DHS now admits that this was a mistake, but argued in court filings that they have no ability to retrieve him due to lack of jurisdiction over a foreign prison.
No doubt, DHS acknowledges that Garcia's asylum claim was not properly adjudicated, and ICE is required to hold a hearing. Garcia can still participate in the hearing with his lawyer despite his imprisonment. Garcia and his lawyer can argue their asylum case with ICE'S ALJ, but there is no guarantee that Garcia will win.
This could happen to anyone. There is very little transparency in these operations, but what little we know shows that they are sloppy and mistakes are bering made. Now they tell us that there is no remedy when mistakes are made.The Trump administration is paying no price for this monstrosity. Americans have given up their right to liberty.
No doubt, there were mistakes. DHS should not have deported. The ICE judge probably failed to follow the law. Garcia should have claimed asylum before entering the U.S. It is false to claim that their is no remedy. The mistake was acknowledged and Garcia's asylum claim will be adjudicated... with Garcia in El Salvador prison. The claims about threats to every American's liberty are utterly hyperbolic.
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u/National-Sir-9028 4d ago edited 4d ago
No not to anyone the dude was told by an informant he belonged to MS13 pls stop putting fear on people
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u/mpmagi 5d ago
Where are you seeing Garcia was a legal immigrant? The filing states he was found removable under 8 U.S.C. § 1182(a)(6)(A)(i).
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u/Accomplished-Leg2971 5d ago
The courts found that was incorrect. In the US, article III courts interpret statute, not DHS.
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u/mpmagi 5d ago
Do you have a source?
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.11.0.pdf
In March 2019, Abrego Garcia was served a notice to appear in removal proceedings, charging him as inadmissible as an “alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General.” Id. ¶¶ 25–29 (quoting 8 U.S.C. § 1182(a)(6)(A)(i)). During a bond hearing, Immigration and Customs Enforcement (“ICE”) stated that a confidential informant had advised that Abrego Garcia was an active member of the criminal gang MS-13. Id. ¶ 31. Bond was denied. See id. ¶¶ 34, 39; see also IJ Order, infra Ex. A, at 2–3 (finding that Abrego Garcia was a danger to the community); BIA Opinion, infra Ex. B, at 1–2 (adopting and affirming IJ Order, specifically finding no clear error in its dangerousness finding).
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u/TenchuReddit 5d ago
His "gang affiliation" was never proven. The only "evidence" was a claim by ICE that a "confidential informant" associated Garcia with MS-13, but that was never substantiated. I don't know what standards of evidence are admissible in a bond hearing, but I'm pretty sure it doesn't rise to the level of "proof beyond a reasonable doubt."
Doesn't matter, though. The Trump regime is running away with this unproven gang affiliation, and the MAGAsphere is going nuts over it.
And the spineless Democrats are acting like bystanders watching a mugging take place before their very eyes ...
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u/mpmagi 5d ago
The standard of proof at an immigration hearing is "preponderance of the evidence" meaning "more likely than not" or 51%. He was adjudicated removable, so your assertion that it was "unproven" isn't entirely correct.
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u/TenchuReddit 5d ago
It was a bail hearing, not an actual verdict. I don't even think "preponderance of the evidence" applies here.
In other words, the state (in this case, ICE) can make shit up, and all the judge has to do is agree.
That's why no evidence has been produced proving or even hinting that Garcia was affiliated with MS-13. For an action as serious as rendition to a Salvadoran gulag, you would think that our oh-so-law-abiding government should be held to standards of evidence that go beyond right-wing copium.
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u/mpmagi 5d ago
From the filing:
Abrego Garcia is barred from disputing that, as a member of the criminal gang MS-13, he is a danger to the community. This factual finding was made in his bond proceedings before the agency, IJ Order 2–3, and he appealed that finding to the Board of Immigration Appeals, which affirmed it as not clearly erroneous, BIA Opinion 1–2.
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u/Accomplished-Leg2971 5d ago
You can look up the filings and injunctions. Boasberg is the name of the judge, but you knew all of that already and you are being disingenuous for some reason.
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u/mpmagi 5d ago
You're confusing two separate cases. Boasberg is a DC judge. This case is in Maryland.
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u/manchmaldrauf 4d ago
Are we doing news now on this sub. Should we discuss the pros and cons of mistakenly sending people to el salvador? Apparently Bukele sends his own people there mistakenly as well. These things happen, you know. What you gonna do? Both he and Trump would say they inherited huge problems and this is the cost of a swift cleanup.
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u/G-from-210 5d ago
Welk just wanted to point out that Americans havent given up or lost anything. The individual in question was not an American citizen and no American citizens have been wrongfully deported.
Secondly, if you and people like you would stop trying to stop normal deportations this wouldn’t have happened. But as usual, the problem escalates because no matter what Orange man does it is bad and therefore must be resisted no matter what. Now because of that, people want this immigration problem solved by any means necessary so I dont care and lot of other people dont care either.
In fact this story is a good deterrent, please spread the word. That deterrent is go away, dont come here or possibly face this. So put this as front page news and win cheap political points, meanwhile the pragmatic result is less people will be so inclined to make the trek here. You’ll win the battle but lose the war.
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u/Accomplished-Leg2971 5d ago
I do not have the same level of trust in government that you do. The government can make mistakes. The government can lie. You are incapable of seeing anything bad because you are blinded by tribal teamsport bullshit.
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u/G-from-210 5d ago
I dont trust the government either but it’s dumb to not use it to get what you want out if it. It’s simple pragmatism and the other side of all of this has no issues whatsoever using it so again, I see no problem with it.
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u/Accomplished-Leg2971 5d ago edited 5d ago
"Oops. I thought it was a fake passport."
Too bad you were so pragmatic about getting what you want that you forgot how fragile liberty is.
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u/Desperate-Fan695 5d ago
The Constitution protects everyone in the US, not just citizens….
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u/scarylarry2150 5d ago
It’s almost like the people who have spent the past 30+ years voting to “protect the constitution” have never actually fucking read it. Obama couldn’t even sneeze without R-voters claiming it was the end of the republic as we know it. But now they’re oddly silent.
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u/G-from-210 5d ago
That is the dumbest thing I’ve ever read in my life. If that were true then there is no reason to actually be an American citizen since everyone else gets the same privileges regardless.
As for Obama, well as he said and I quote, “elections have consequences”.
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u/Desperate-Fan695 4d ago
It takes two seconds to Google it and realize I'm correct. If it's the dumbest thing you've ever read, what does that say about you and how ignorant you are to our own countries laws.
People don't become citizens because it offers them some protection from an authoritarian government... is that seriously what you thought?
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u/G-from-210 4d ago
I am not ignorant of anything, you lack nuance to it. Basically that is a nice way of saying you are wrong but you are committed to thinking however you like. I guess reading was a subject you failed in school.
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u/scarylarry2150 5d ago edited 5d ago
So to be clear, you’re okay with big government forcibly abducting and shipping innocent people overseas to foreign torture prisons by mistake because… Black Man Bad?
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u/scarylarry2150 5d ago edited 5d ago
Government agents forcibly abducted and shipped an innocent man to a foreign prison known for torture and abuse, all because of what the own administration admits was an “administrative error” And you think the only possible reason people are upset about this is “orange man bad” and then ramble for 3 paragraphs about how actually this is Democrats fault? WILD mental gymnastics there.
Honest question: in your opinion what is an acceptable number of innocent people to get thrown into torture prisons because of a mistake made by big government? In your mind is there a certain line where it stops being acceptable? Or does it not matter assuming they’re minorities either way?
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u/Dangime 4d ago edited 4d ago
Law of large numbers. You're not going to deal with a problem the size Biden left behind without making mistakes. It's mathematically impossible.
Try doing anything 20 million times without screwing up then get back to me.
Besides that, he doesn't appear as innocent as some are making him out to be.
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u/TheDovahofSkyrim 5d ago
Spot on