The trump DOJ lied to a couple of different courts about the ability of the US to return detainees. Three or four months ago, El Salvador made a filing with the United Nations stating that the US retains jurisdiction over all detainees/deportees. Now a court wants to find out if the trump DOJ lied to the court
Attorneys representing a group of detainees at CECOT filed a UN report in which El Salvador said the U.S. still has legal responsiblity for deported migrants.
https://www.wusa9.com/article/news/dmv-immigration/judge-demands-answers-from-trump-administration-after-el-salvador-says-us-still-holds-jurisdiction-over-deported-migrants-cristian-abrego-garcia/65-a8b40c5f-3464-4972-a588-67872e8da43e
WASHINGTON — A federal judge in Maryland overseeing the case of “Cristian,” a Venezuelan asylum seeker wrongfully deported to El Salvador, has given the Trump administration a week to explain why a newly discovered United Nations report appears to contradict statements they’ve made in her courtroom.
In a letter to counsel Tuesday, U.S. District Judge Stephanie A. Gallagher said a report from the UN’s Working Group on Enforced or Involuntary Disappearances appeared to directly cut against claims by the Justice Department that the U.S. has no control over the group of immigration detainees sent to El Salvador’s notorious CECOT prison earlier this year. Gallagher took judicial notice of the report, which was filed Monday in a separate case in federal court in D.C. involving a challenge to President Donald Trump’s invocation of the Alien Enemies Act to order immediate deportations of a group of alleged Venezuelan gang members.
The report details the Salvadoran government’s responses to Venezuelan families seeking information about loved ones who were deported from the U.S. to El Salvador. In it, the Salvadoran government disclaims any legal responsibility for the detainees and says they remain under the jurisdiction of the U.S. government:
“The actions of the State of El Salvador have been limited to the implementation of a bilateral cooperation mechanism with another State, through which it has facilitated the use of the Salvadoran prison infrastructure for the custody of persons detained within the scope of the justice system and law enforcement of that other State. In this context, the jurisdiction and legal responsibility for these persons lie exclusively with the competent foreign authorities, by virtue of international agreements signed and in accordance with the principles of sovereignty and international cooperation in criminal matters.”
The report details the Salvadoran government’s responses to Venezuelan families seeking information about loved ones who were deported from the U.S. to El Salvador. In it, the Salvadoran government disclaims any legal responsibility for the detainees and says they remain under the jurisdiction of the U.S. government:
“The actions of the State of El Salvador have been limited to the implementation of a bilateral cooperation mechanism with another State, through which it has facilitated the use of the Salvadoran prison infrastructure for the custody of persons detained within the scope of the justice system and law enforcement of that other State. In this context, the jurisdiction and legal responsibility for these persons lie exclusively with the competent foreign authorities, by virtue of international agreements signed and in accordance with the principles of sovereignty and international cooperation in criminal matters.”
Gallagher wrote that if El Salvador told the truth to the UN, no diplomatic discussions should be required to bring Cristian back to the U.S. She ordered the DOJ to explain its position that diplomatic discussions are required to return Cristian no later than next Tuesday.
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