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Supreme Court Orders Trump Officials to Return Man Wrongfully Deported to Salvadoran Prison
"This is a massive win for justice and the rule of law," said one Democratic congresswoman. "Now Trump must comply."
Apr 10, 2025
The U.S. Supreme Court on Thursday issued a ruling with no noted dissents affirming a federal judge's order compelling President Donald Trump's administration to enable the stateside return of Kilmar Abrego García, a Salvadoran man wrongfully deported to a notorious prison in his native country.
"The rule of law won today," said Andrew Rossman, one of Abrego García's lawyers. "Time to bring him home."
Justice Sonia Sotomayor wrote in Thursday's unsigned order that the Trump administration must "facilitate and effectuate" Abrego García's release from custody "and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."
"The intended scope of the term 'effectuate' in the district court's order is, however, unclear, and may exceed the district court's authority," Sotomayor added. "The district court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs."
Last week, U.S. District Judge Paula Xinis gave the Trump administration until Monday April 7 to return Abrego García, who was deported last month to the Terrorism Confinement Center (CECOT) super-maximum security prison in central El Salvador after the government claimed without credible evidence that he was a gang member.
"Defendants seized Abrego García without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention" of immigration law, she wrote.
A panel of the 4th U.S. Circuit Court of Appeals declined to stay Xinis' order, with one judge on the tribunal writing, "The United States government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process."
The panel refuted the Trump administration's assertion that it could not return Abrego García, calling the government's argument "that the federal courts are powerless to intervene... unconscionable."
However, on Monday, Supreme Court Chief Justice John Roberts temporarily blocked Xinis' order just before the midnight deadline pending review by all nine justices.
Abrego García's legal team argued that their client was the victim of a "Kafkaesque mistake." Among the so-called evidence the government used to claim he is a member of the MS-13 criminal gang was a Chicago Bulls hat and hoodie he wore, and a snitch's tip. The Trump administration subsequently admitted in a March 31 court filing that Abrego García's deportation was an "administrative error" and an "oversight."
Before he was deported, Abrego García, 29, lived in Maryland with his wife, Jennifer Stefania Vasquez Sura, a U.S. citizen; their autistic, nonverbal 5-year-old child; and two children from Vasquez Sura's previous relationship. His lawyers said he left El Salvador to escape the then-endemic gang violence there.
Advocates for Abrego García welcomed the high court's order, with Congressman Joaquin Castro (D-Texas) writing on the social media site Bluesky that the justices "did the right thing."
"This is about the rule of law and due process," he added. "Kilmar Abrego García should be reunited with his family."
Rep. Pramila Jayapal (D-Wash.) said: "This is a massive win for justice and the rule of law. Now Trump must comply."
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House Democrats Say 'Impunity' for Israel Violates US Human Rights Law
"Numerous credible reports of gross violations of human rights by Israeli security forces have rightly placed U.S. enforcement of the Leahy Law in sharp focus."
Oct 04, 2024
As the death tolls from the U.S.-backed Israeli assaults on Gaza and Lebanon neared 42,000 and 2,000 respectively, a group of House Democrats this week urged the Biden administration to hold Israel accountable to human rights standards established under existing domestic law.
In a letter to Secretary of State Antony Blinken and Defense Secretary Lloyd Austin dated September 30 but first published Friday by HuffPost, the Democratic lawmakers—Reps. Jim McGovern (Mass.), Barbara Lee (Calif.), Betty McCollum (Minn.), Mark Pocan (Wis.), and Joaquin Castro (Texas)—expressed their "deep alarm regarding the lack of U.S. enforcement of the Leahy Law as it pertains to U.S. assistance to Israel."
Named after its author, former Sen. Patrick Leahy (D-Vt.), the Leahy Laws were approved in two rounds in the late 1990s. The legislation built on the Foreign Assitance Act of 1961, which prohibits U.S. military aid to foreign security forces that commit gross human rights violations.
"We strongly urge you to apply the law as written and act swiftly to bar any Israeli military unit that faces credible accusations of committing a gross violation of human rights from receiving U.S. assistance or training," the lawmakers wrote in their letter.
"As longtime friends and allies of Israel, we have supported, and continue to support, security assistance to Israel for the purposes of legitimate self-defense," the letter states. "Israel continues to face serious threats from Hamas, Hezbollah, and other terrorist groups. As it defends against these threats, Israel must ensure it is using U.S. security assistance and funding in compliance with U.S. law—whether in the West Bank, Gaza, Lebanon, or elsewhere."
According to the letter:Numerous credible reports of gross violations of human rights by Israeli security forces have rightly placed U.S. enforcement of the Leahy Law in sharp focus. Israeli and international human rights organizations have released credible reports of Israeli security units subjecting Palestinians in Israeli detention facilities to torture, ill-treatment, prolonged detetion without charges or trial, and rape under color of law. Extensive investigations by reputable media outlets have also documented multiple instances of civilians carrying white flags being shot and killed by the Israel Defense Forces (IDF) in Gaza.
The letter comes ahead of the anniversary of the Hamas-led October 7 attack on Israel and that country's retaliation, which has left more than 148,000 Palestinians in Gaza dead, maimed, or missing and millions more forcibly displaced, starved, and sickened.
Israel is currently on trial for genocide at the International Court of Justice, and International Criminal Court Prosecutor Karim Khan is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as for leaders of Hamas.
In recent weeks, Israel has also ramped up airstrikes and launched a ground invasion in Lebanon, from which Hezbollah has been launching aerial attacks on Israel since shortly after October 7. Thousands of Lebanese have been killed or wounded.
All of this is enabled by tens of billions of dollars worth of nearly unconditional U.S. military aid and diplomatic cover including multiple vetoes of United Nations Security Council cease-fire resolutions. While the Biden administration delayed shipment of a limited number of heavy bombs of a type that Israel was using to massacre civilians in densely populated areas, those shipments soon resumed, even as the Gaza death toll soared ever higher.
"The failure of the United States to consistently apply our own laws has contributed to a culture of impunity in the IDF that actively endangers the lives of U.S. citizens," the lawmakers asserted before highlighting "gross violation[s] of human rights" perpetrated by Israeli forces against several Americans.
These include Omar Assad, an elderly former Milwaukee grocer who in January 2023 was dragged from his vehicle, blindfolded, gagged, and handcuffed before falling silent while being detained in Jiljilya; renowned Al Jazeera correspondent Shireen Abu Akleh, who multiple probes found was deliberately shot dead while covering an IDF raid in the West Bank in May 2022; and, most recently, 26-year-old International Solidarity Movement (ISM) activist Ayşenur Ezgi Eygi, who was shot in the head during a September 6 demonstration against Israel's illegal West Bank settler colonies.
Israeli impunity for killing Americans far predates the examples listed in the letter. For example, in 2003, ISM activist Rachel Corrie was crushed to death by a U.S.-supplied Israeli military bulldozer while trying to stop the demolition of Palestinian homes in the West Bank. In 1967 Israeli warplanes and warships repeatedly attacked the spy ship USS Liberty in the Mediterranean Sea, killing 34 sailors and others and wounding 171 more in what numerous senior U.S. officials including the then-secretary of state and CIA director said was a deliberate act.
At least one American has also been killed by Israeli bombing in Lebanon this week. Hajj Kamel Ahmad Jawad, 56, of Dearborn, Michigan was killed in an airstrike Tuesday while in Nabatieth in southern Lebanon caring for his sick mother and volunteering to help elderly, disabled, and injured patients at a local hospital.
"When it functions properly, the Leahy Law serves two crucial purposes: It prevents U.S. complicity in gross violations of human rights, and it deters violations by incentivizing foreign governments to hold perpetrators accountable," the Democratic lawmakers wrote in their letter. "However, the Leahy Law can only serve these purposes when it is enforced."
Indeed, successive U.S. administrations have supported some of the world's worst human rights violators—including the perpetrators of genocidal mass murder in Indonesia, Paraguay, Cambodia, Guatemala, Bangladesh, East Timor, Kurdistan, and Gaza—since the passage of the Foreign Assistance Act and Leahy Laws.
"We strongly urge you to uphold the rule of law, bar assistance to any unit that is credibly implicated in a gross violation of human rights, and ensure perpetrators of crimes against American citizens face accountability and justice," the letter's signers concluded.
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'Alliance With White Nationalists': Texas Gov Rebuked for Pardoning Shooter of BLM Protester
"This pardon not only undermines the justice system but also sends a chilling message that politically motivated violence is acceptable," said Democratic Texas state Rep. Ron Reynolds.
May 17, 2024
Republican Texas Gov. Greg Abbott issued a pardon on Thursday for Daniel Perry, who was convicted of fatally shooting Black Lives Matter protester Garrett Foster in 2020.
Abbott's pardon came less than an hour after the Texas Board of Pardons and Paroles recommended it, Austin-based investigative journalist Tony Plohetski noted on social media. In addition to releasing him from prison, the pardon grants Perry "restoration of full civil rights of citizenship," including the right to own a gun.
"Before Daniel Perry murdered a veteran in 2020, he told a friend he 'might go to Dallas to shoot looters.' A year before, he wrote, 'to bad we can't get paid for hunting Muslims,'" Rep. Joaquin Castro (D-Texas) wrote in response to the news. "Gov. Abbott's alliance with white nationalists is putting dangerous people on our streets."
"He has declared that Texans who hold political views that are different from his—and different from those in power—can be killed in this state with impunity."
Perry shot Foster on July, 25, 2020 in Austin. At the time an active duty Army sergeant and Uber driver, Perry accelerated his car toward a group of people protesting the police killing of George Floyd. Some of the protesters approached his car, including 28-year-old Air Force veteran Foster, who was legally open carrying an AK-47. Perry then shot Foster four times with a .357 Magnum pistol.
Perry's lawyers said that Perry acted in self-defense and that Foster had started to point his gun at him, according toThe New York Times. However, Perry told police that Foster had not actually aimed at him but that he "didn't want to give him a chance" to do so.
Perry also had a history of making violent and racist remarks on social media. In one 2020 message, shared at the trial, he said he "might have to kill a few people on my way to work."
A jury voted in 2023 to convict Perry of murder and aggravated assault with a deadly weapon; he was later sentenced to 25 years in prison. However, a day after his conviction and before he was even sentenced, Abbott said he was "working as swiftly" as possible to pardon him. In Texas, all pardons must come through the board, but its members were all appointed by Abbott.
"Texas has one of the strongest 'Stand Your Ground' laws of self-defense that cannot be nullified by a jury or a progressive district attorney," Abbott said in a statement announcing the pardon. "I thank the board for its thorough investigation, and I approve their pardon recommendation."
Foster's family members reacted with shock and dismay to the news.
His mother, Sheila, told The New York Times that she would leave Texas because of Abbott's pardon.
"I feel like I'm in a Twilight Zone episode. This doesn't happen," she said. "It seems like this is some kind of a political circus and it's costing me my life."
She added that Foster "deserved so much better" and was "out there protecting people from people like Perry."
Foster's partner Whitney Mitchell said: "I am heartbroken by this lawlessness. Gov. Abbott has shown that, to him, only certain lives matter. He has made us all less safe."
"With this pardon, the governor has desecrated the life of a murdered Texan and U.S. Air Force veteran, and impugned that jury's just verdict," she further toldHouston Public Media. "He has declared that Texans who hold political views that are different from his—and different from those in power—can be killed in this state with impunity."
Public and elected officials also criticized Abbott's pardon.
Travis County District Attorney José Garza, who prosecuted the case, said the pardon board and Abbott had made a "mockery of our legal system."
"Their actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter and some lives do not," Garza continued. "They have sent a message to Garrett Foster's family, to his partner, and to our community that his life does not matter."
Rep. Lloyd Doggett (D-Texas) suggested the pardon was politically motivated.
"Let's call this for what it is: From the start, Abbott wanted to pardon this racist murderer to score political points with MAGA Republicans," Doggett wrote on social media.
Texas state Rep. Ron Reynolds (D-27), chairman of the Texas Black Legislative State Caucus, said in a statement that "the blatant hypocrisy in this decision is beyond comprehension" and it was an "all-time low, even for the governor."
"This pardon not only undermines the justice system but also sends a chilling message that politically motivated violence is acceptable," Reynolds continued. "This decision is a slap in the face to the Foster family, the Black Lives Matter movement, and to all who believe in justice and equality."
Reynolds added: "Gov. Abbott's actions are not only disappointing—they are deeply disturbing. They reveal a willingness to ignore the rule of law and cater to a dangerous ideology that puts lives at risk. This pardon sets a dangerous precedent that undermines public trust in our legal system and emboldens those who seek to harm others under the guise of political dissent."
Notably, the pardon board recommended a posthumous pardon for Floyd, whose killing by the Minneapolis police sparked the protests where Perry killed Foster. Floyd had a drug charge on the books from his time in Houston that, according to Austin lawyer Rick Cofer, stemmed from drug planting by corrupt cops. Abbott responded to that recommendation by pressuring the board to rescind it, which they eventually did.
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