I predict they'll argue that because he lived in Mexico from ages 1 to 16 that he effectively relinquished citizenship. Which is BS, of course, but I'm reminded of the Sartre quote "Never believe that anti-Semites are completely unaware of the absurdity of their replies. They know that their remarks are frivolous, open to challenge. But they are amusing themselves, for it is their adversary who is obliged to use words responsibly, since he believes in words. The anti-Semites have the right to play. They even like to play with discourse for, by giving ridiculous reasons, they discredit the seriousness of their interlocutors. They delight in acting in bad faith, since they seek not to persuade by sound argument but to intimidate and disconcert."

> The law makes it a misdemeanor for undocumented immigrants over age 18 to “knowingly” enter Florida “after entering the United States by eluding or avoiding examination or inspection by immigration officers.”

A good reminder that over 60% of "undocumented immigrants" in the US are here because they overstayed Visas (more likely their Visa extensions were denied). NOT because they entered the country illegally.

However, the enforcement of these laws is following the "guilty until proven innocent" logic. Arrest people who look hispanic and deny them basic legal rights until they prove their citizenship. The fact that citizens are caught up in this should not be a surprise since we are witnessing the fall of due process.

That 60% figure would have to depend on a unknown denominator so I dont understand how it would be said so authoritatively. 60% of known undocumented immigrants is the best it could be.

> Juan Carlos Lopez-Gomez, a 20-year-old U.S. citizen

If the government can disappear people without cause all other rights you believe you have are moot.

Same if the King can say "Will no one rid me of this meddlesome priest?" then pardon the soldiers that do.

I wonder why ICE asked to hold him. The article does not mention.

It does not matter. ICE does not have any jurisdiction at all over US citizens who are not engaged in crossing international borders.

Let me say that again another way: ICE cannot simply do whatever it wants to whoever it wants.

This is akin to giving the Department of Education comprehensive arrest powers related to pickleball games anywhere in the country.

Maybe someone should pass a law that limits ICE's range to "not more than 5km/miles from the nearest external border". In which case they operate as border guard and not as "let's go downtown and get us some Pakis/Venezuelans/Italians/etc." (but who's gonna pass this law?)

Yes, but also many of our major cities are 5km from an external border (coastal cities).

ICE needs to be reined in, full stop.

ICE is known for being fuzzy with its holds. They issue them over sketchy name collisions and inaccurate or outdated charges in their databases. It's one of the factors in why a bunch of cities don't cooperate with ICE -- they hate getting sued over it when it happens.

E.g. https://www.latimes.com/local/california/la-me-ln-ice-detain... from back in 2017.

That is to say, this is mostly a story about ICE doing what ICE has always done, getting attention because of other prominent cases. Deservedly! Because ICE is a pretty awful institution in practice.

Yeah, there's a lot of missing context here. What is next? Presumably the party having jurisdiction has a process here?

Process seems to be: 1. check for existence of any tattoos, 2. claim they are "gang related" 3. ship to el salvador

Why does it matter? He is a US citizen and ICE should be told to fuck right off.

It’s absolutely terrifying. What they did to Kilmar Abrego Garcia could happen to anyone, US citizen or not. They have admitted be was rendered to a gulag accidentally but are also saying that now that he’s there, there’s nothing they can do to bring him back, and that no US court has jurisdiction. They just vanished him into a legal black hole and he has very likely been tortured and abused. That legal black hole would work whether you’re a citizen or not. If they have the power to do it to him, they have the power to do it to anyone.

According to the “justice” minister of El Salvador, the only way out of that prison is in a coffin. What has happened here should be a five alarm emergency for every person in America. When the president can make you disappear, you are now living in Chile in 1973.

It's not for 'too political', it's that similar stories have recently had significant discussions.

Flagged within minutes of making the front page, in fact.

> the court lacked jurisdiction over Lopez-Gomez’s release because U.S. Immigration and Customs Enforcement had formally asked the jail to hold him

If ICE trumps state courts on matters where it clearly lacks jurisdiction, ICE needs to be shut down entirely.

so habeas corpus just died in the US

It died when ICE started snatching people and deporting them without trial. (The government has the obligation to put each person before a court to at minimum prove they are not about to deport a US citizen.)

Incidentally, the position of the current administration is that they should have been able to, last night, send him to serve an indefinite sentence in an El Salvadoran torture prison without ever seeing a judge.

I'm no state judge, but I think the states do have jurisdiction on kidnappings where the crime doesn't cross state lines.

Don't throw away the baby with the bathwater (I live in the EU but hold on a minute...)

_this_ part doesn't work. Not "nothing works anymore". Perhaps there is a special court/system/subsystem that has authority for these cases. Just like Military has its own courts, and they don't try civilians, perhaps for such cases there is a "migration court" (or something-something...)

Unless there isn't in which case, damn those ICE folks are cold!!

No, ICE is Immigration and Customs Enforcement. They do not have any authority at all over US citizens who are not engaged in crossing an international border.

Additionally, the current position of the US government is that they should have been able to put this person it a torture prison in El Salvador without him ever seeing a judge.

American citizens, as a general rule, have every right to a) speak a different language and b) leave the country if they feel like it.

I had never heard of it, but it's quite a few speakers at half a million people. Common in the Mexican state of Chiapas. Fascinating.