As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,
The Executive branch may not seize individuals from the streets, deposit them in foreign prisons in violation of court orders, and then invoke the separation of powers to insulate its unlawful actions from judicial scrutiny,
The district court’s injunction—which requires Abrego Garcia’s release from the custody of a foreign sovereign and return to the United States by midnight on Monday—is patently unlawful,
Justice Department attorneys are being put in an impossible position: obey the president, or uphold their ethical duty to the court and the Constitution,
They do indeed cling to the stunning proposition that they can forcibly remove any person — migrant and U. S. citizen alike —to prisons outside the United States, and then baldly assert they have no way to effectuate return because they are no longer the ‘custodian,’ and the Court thus lacks jurisdiction,
The facts of this case … present the potential for a disturbing loophole: namely that the government could whisk individuals to foreign prisons in violation of court orders and then contend, invoking its Article II powers, that it is no longer their custodian, and there is nothing that can be done,