The Bushs war against terror helped create terrifying triumphs of the war against immigrants

During his first presidential campaign almost 10 years ago, Donald Trump promised to “load” the infamous prison of the Guantanamo Bay with “some bad guys.”

Weeks after the second inauguration of Trump, the Administration put 10 migrants on a flight to Guantanamo, claiming without evidence that they were members of a Venezuelan gang called a Aragua Train. During the next few weeks, the Administration sent hundreds of migrants to the Naval Base on the high seas and Trump ordered government officials to prepare as many as as many as 30,000 migrants in Guánamo.

The influx of detainees, many of whom had never been accused of a crime, invoked images of the post-September. 11, 2001, the so -called “war on terror”: secret prisons where torture was unbridled, years of litigation on the rights applied in Guantanamo, defense contractors that had multimillion -dollar construction agreements, and people who would never walk free or be charged for doing anything wrong.

“If you return to the first days of the war against terror, Guantanamo was supposed to The gloves terrorist in the terror of gloves in the terror of gloves in the terror of gloves in the terrified of gloves in terror. He is now challenging the migrant arrests of the Trump administration.

But in mid -March, all immigration detainees were removed from Guantanamo, in the midst of the growing legal challenges, concerns about the structures of the store at the base that are not fulfilled Ice detention standards, fight between the Pentagon and the Department of National Security, and an amazing $ 40 million price In just a month. (From April 4there were 45 migrants stopped at the base. The Department of National Security and the South Command of the United States.

On March 15, shortly after ICE sent all migrants in Guantanamo to US facilities, Trump signed a Executive orderclaiming that Train of Aragua had “invaded” the USA. UU., And that any Venezuelan migrant of 14 years or more with alleged links with the gang could be eliminated under the Alien enemies law, a 17th -century war authority only invoked previously during the War of 1812 and both world wars.

That same day, the Administration hastened three sustained flights 238 Venezuelans and 23 Salvadorans who said they were gang members, without evidence in most cases, El Salvador. A federal judge ordered the Trump administration to stop the removals and change the flights, but the administration did not comply. Once in El Salvador, the migrants were sent to an infamous prison of maximum security called the terrorism confinement center (CECOT). According to reports, the United States is paying El Salvador about $ 6 million to imprison the detainees.

Alex Peña through Getty Images

According Human Rights Observerspeople imprisoned in El Salvador are often subject to torture, severe overcrowding, inappropriate food and medical care and are denied access to legal advice. No one imprisoned in Cecot has gone; Kristi Noem National Security Secretary He said Wednesday that migrants sent there “should stay there for the rest of their lives.”

Those who helped fight for due process protections in Guantanamo Bay under the administration of President George W. Bush see the migrants policy of the Trump administration as a War escalation against legal tactics.

It is “an effort to outsource arrest and torture to avoid the limitations of US law,” said Dixon. “It is the natural consequence and evolution of what we have seen in the last 20 years, certainly with the extraordinary interpretation program of the CIA and the use of black sites abroad.”

“The reason why they have moved as Guantanamo, and this is ironic, but there is too much rule there,” said Karen Greenberg, director of the National Security Center at Fordham Law and author of multiple books about Guantanamo and the cases that arose from the war against terror.

The White House did not respond to a request for comments.

In 2008, the Supreme Court celebrated in Boumediene v. Bush that, although Guantanamo Bay is out of American sovereignty, people detained there have the right to challenge the legality of their detention.

“The Basic Charter of the Nation cannot be contracted in this way. The Constitution grants the Congress and the President the power to acquire, get rid of and govern the territory, not the power to decide when and when its terms apply. To main Regime of the regime of the route regime, it is not so. Marbury v. Madison, where the court declared the ability to govern the constitutionality of laws.

“The reason why they have moved from Guantanamo is, and this is ironic, but there is too much rule there.”

– Karen Greenberg, director of the National Security Center at Fordham Law

But that is exactly what the Trump administration tries to do by converting migrants to Cecot. Take Kilmar Abrego Garciaa Salvadoran migrant who was sent to Cecot, despite having legal protections of being deported there. The Trump administration finally admitted that it was deported based on a “administrative error. ”

When a federal judge ordered the government to facilitate the return of Abrego García to the United States, the Trump administration, the Trump administration argued That was because he was in El Salvador, they could not bring him back and that the courts had no authority to intervene. That line of reasoning returned to the efforts of the Bush Administration to affirm that national and foreign policy matters were beyond the reach of the judicial review.

On Thursday, the Supreme Court unanimously confirmed The order of the federal judge and ordered the Trump administration to facilitate the release of Abrego García de la Custody in El Salvador and “ensure that his case was handled as it would have been if he had not been sent inappropriately to El Salvador.”

The Trump administration argument, Judge Sonia Sotomayor wrote, “implies that he could deport and imprison anyone, including US citizens, without legal consequences, provided he does it before a court can intervene.”

PAULA XINIS DISTRICT COURT JUDGE addressed The Department of Justice will reveal before Friday morning the physical location and the state of custody of Abrego García, what steps the government had taken to facilitate its return to the United States and what additional steps they planned to take. Administration lawyers refused order, claim “They are not in a position in which” they can “share any information requested by the court. That is reality.” In a audience Later that day, Xinis ordered daily updates about those three unanswered questions.

As it is, the Supreme Court has declared that the Trump administration cannot evade the judicial scrutiny of its immigration policies simply by sending people outside the country before they have the opportunity to challenge their elimination. In a separate case, the Supreme Court has also held That people arrested under the alien enemies law have the right to due process, although it annulled a decision of the lower court that temporarily blocked the removals. On the other hand, the court ordered the people to present habit requests to question their arrest, which will focus on demonstrating that they are not members of Aragua.

Although this is far from being the worst result of a conservative Supreme Court 6-3 that has demonstrated an extensive deference to Trump, there are still tremendous logistics obstacles for imprisoned people in CECOT that returns home.

Take the Bay of Guantanamo. Even after the Supreme Court confirmed the rights of habeas for the war against terrorist detainees, many of them languished in offshore prison for more than another decade. Nine people died. Only a handful were convicted of a crime. Fifteen people are still there, including several who have been authorized for their release.

“Their lives are undoubtedly shattered and it has been recovering from that a long time, if the recovery is possible,” said Dixon. “It’s devastating.”

The situation for those celebrated in CECOT is even clearer. No court has determined how habeas requests can present, since some lawyers have reported Not having contact with their customers since they were sent to El Salvador. I suppose that this should probably come from a future judicial case, which will undoubtedly be dragged since the administration is fighting the tooth and the nail to keep those who sent El Salvador in prison forever.

Even if Abrego García is quickly returned home, he was started from his wife and his little son, and spent almost a month in an infamous prison in a country that previously fled due to threats of violence.

As with Guantanamo, the life of these detainees will be damaged forever by the election of the administration to evade the rule of law.