Department of Homeland Security spokesperson Tricia McLaughlin said in a social media post following the ruling, "This is naked judicial activism by an Obama appointed judge.
Another Maga harpy screaming about “judicial activism” while the corrupt Republican SCOTUS justices openly accept bribes, rewrite our laws, and ignore both 250 years of precedent and the Constitution.
Everything is projection with the GOP.
…re-detained, again without lawful authority.
OK. So he’s been literally kidnapped.
Always was
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The court found that there is no lawful basis to deport Abrego in the first place, because the government was unable to produce a copy of the 2019 deportation order in court.
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The court found that government lawyers deliberately “misled the tribunal” regarding their efforts to deport Abrego to Africa. The court “will take this into account” while considering pending motions for sanctions.
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In alternative to #1, the court found that the government was not really detaining Abrego to deport him, because they could have sent him to Costa Rica at any time in the past few months. But they did not.
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Therefore, there is no lawful reason to subject Abrego to immigration detention, and the writ of habeas corpus is granted.
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Abrego is still on bail in the TN criminal case.
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The government has sabotaged its purported objective by not taking the opportunity to deport him to Costa Rica when it had the chance. I suppose a country that has offered him asylum and residence, which he has indicated he would prefer to go to isn’t cruel enough.
