President Trump Creates Wealth (1 Viewer)

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    mad1961

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    Trump has just made Kimar Abrego Garcia a multimillionaire. He can take credit for creating wealth.

    This man was wrongly detained and then deported. The government admitted it. Yet they are going to let him stay in that prison. This man is about to get a record payment from the US government. These right-wingers run their mouths about their taxes and where the money should go, but our tax money is going to be paid to Garcie, and it's going be in the high millions because of Trump. This was not necessary.

    El Salvador’s president says he won’t release Kilmar Abrego Garcia back to US

    President Donald Trump’s top advisers and Nayib Bukele, the president of El Salvador, said Monday that they had no basis for the small Central American nation to return Kilmar Abrego Garcia, a Maryland man who was wrongly deported there last month.

    Trump administration officials emphasized that Abrego Garcia, who was sent to a notorious gang prison in El Salvador, was a citizen of that country and that the U.S. has no say in his future. And Bukele, who has been a vital partner for the Trump administration in its deportation efforts, said he does not “have the power to return him to the United States.”

    The Supreme Court has ruled that the Trump administration must “facilitate” Abrego Garcia’s return.


     
    If he dies in prison, every person responsible in this administration should go to jail for murder.
    They should be charged over this whether anyone dies or not. They kidnapped people off streets and sent them to a concentration camp for nothing. No crimes were charged, no indictments, no due process. There’s no way to get out - no end to it. They will all die there unless something is done.

    Everyone who signed off on this should be charged anyway.
     
    Trump has just made Kimar Abrego Garcia a multimillionaire. He can take credit for creating wealth.

    This result isn't as obvious as it may appear.

    He might very well be able to get over the hurdles, but federal sovereign immunity is powerful. There is a waiver for tort claims such as wrongful arrest/detention but there are key defenses that may be in play here. There's also constitutional claims against the officers involved but those are usually even more difficult to win.
     
    This result isn't as obvious as it may appear.

    He might very well be able to get over the hurdles, but federal sovereign immunity is powerful. There is a waiver for tort claims such as wrongful arrest/detention but there are key defenses that may be in play here. There's also constitutional claims against the officers involved but those are usually even more difficult to win.
    We will see. But I think that GoFundMe might be getting some donations.
     
    This result isn't as obvious as it may appear.

    He might very well be able to get over the hurdles, but federal sovereign immunity is powerful. There is a waiver for tort claims such as wrongful arrest/detention but there are key defenses that may be in play here. There's also constitutional claims against the officers involved but those are usually even more difficult to win.
    When people wearing masks abduct a person, and deny him the rights any arrested person should have, is it truly an arrest? Doesn’t an arrest have certain requirements, which were not met here?

    What I mean is - do protections against wrongful arrest come into play when what happened was clearly not really an arrest?
     
    This result isn't as obvious as it may appear.

    He might very well be able to get over the hurdles, but federal sovereign immunity is powerful. There is a waiver for tort claims such as wrongful arrest/detention but there are key defenses that may be in play here. There's also constitutional claims against the officers involved but those are usually even more difficult to win.

    El Salvador isn't a sovereign immune state in this situation. This isn't about a dispute between countries. They're a contractor of the federal government that the Trump administration illegally hired so that they can carry out extrajudicial kidnappings and deportation for the purpose of escaping any type of democratic/judicial accountability.

    We need people, the media and especially the courts to start using accurate language even when it's charged. Adopting the Trump's administrations lying language only pushes us down the road to full fledged authoritarianism.
     
    When people wearing masks abduct a person, and deny him the rights any arrested person should have, is it truly an arrest? Doesn’t an arrest have certain requirements, which were not met here?

    What I mean is - do protections against wrongful arrest come into play when what happened was clearly not really an arrest?

    Yes - wrongful arrest in the common-law tort application doesn't mean a formal legal arrest. It is more generic and can include any sort of unlawful detention against the claimant's will.
     
    This result isn't as obvious as it may appear.

    He might very well be able to get over the hurdles, but federal sovereign immunity is powerful. There is a waiver for tort claims such as wrongful arrest/detention but there are key defenses that may be in play here. There's also constitutional claims against the officers involved but those are usually even more difficult to win.
    There is the major league FUBAR here, where there is a failure to adhere to a “Withholding of removal” finding. The only thing that ice can’t do under the “withholding of removal” is deport him to El Salvador. It’s an “ICE” failure. Might be able to bring suit against ICE.
     
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    Yes - wrongful arrest in the common-law tort application doesn't mean a formal legal arrest. It is more generic and can include any sort of unlawful detention against the claimant's will.
    It’s a rather peculiar situation. The “withholding of removal” doesn’t likely protect him from arrest, detention, and deportation to any country not specified in the “withholding of removal”. He can’t get a green card and is not eligible for permanent residency under a “ withholding of removal “. Kind of a weird limbo state.

     
    It’s a rather peculiar situation. The “withholding of removal” doesn’t likely protect him from arrest, detention, and deportation to any country not specified in the “withholding of removal”. He can’t get a green card and is not eligible for permanent residency under a “ withholding of removal “. Kind of a weird limbo state.


    I think for tort liability purposes, I think the lens is through what constitutes false arrest under Maryland law (because that's how the federal tort liability regime is set up). Maryland law defines false arrest as "deprivation of the liberty of another without his consent and without legal justification." The government already conceded that he should not have been transferred to El Salvador and the Supreme Court has that in its decision - it was a "mistake".

    The question for tort liability is whether that matters. It's not the same as saying he shouldn't have been in custody - they're just saying he shouldn't have been transferred out of the country. But it would come down to the government's justification for taking him into custody in the first place - did they have proper grounds for that. Beyond that, as long as the government was lawful in depriving him of his liberty, he probably doesn't have a wrongful arrest claim based on being "mistakenly" transferred to the custody of El Salvador. But I don't know, it's a crazy fact pattern.

    And none of this relates to the constitutional claims - but again, those have gotten very narrow lately.
     
    I think for tort liability purposes, I think the lens is through what constitutes false arrest under Maryland law (because that's how the federal tort liability regime is set up). Maryland law defines false arrest as "deprivation of the liberty of another without his consent and without legal justification." The government already conceded that he should not have been transferred to El Salvador and the Supreme Court has that in its decision - it was a "mistake".

    The question for tort liability is whether that matters. It's not the same as saying he shouldn't have been in custody - they're just saying he shouldn't have been transferred out of the country. But it would come down to the government's justification for taking him into custody in the first place - did they have proper grounds for that. Beyond that, as long as the government was lawful in depriving him of his liberty, he probably doesn't have a wrongful arrest claim based on being "mistakenly" transferred to the custody of El Salvador. But I don't know, it's a crazy fact pattern.

    And none of this relates to the constitutional claims - but again, those have gotten very narrow lately.
    Well the justification is probably on proper grounds. He has a deportation order. The only way to qualify for a “withholding of release” there has to be a deportation order. And it’s also likely he’s been flagged as ms13 in that deportation order.
     
    Well the justification is probably on proper grounds. He has a deportation order. The only way to qualify for a “withholding of release” there has to be a deportation order. And it’s also likely he’s been flagged as ms13 in that deportation order.

    So it comes down to the degree to which a withholding actually provides liberty from being in ICE custody. The withholding is obtained by the same process as asylum - but the standard is higher and the status it grants is more ambiguous. But when the withholding is granted in the form of an order, I think that becomes the person's status and he has liberty within the framing of the order. There may be a number of reasons why ICE can detain a person under an order but I suspect that one or more of those reasons must actually be appropriate if such a detention were to occur.

    I think @samiam5211 knows a bit about these things.
     

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