Immigration law...is not exactly law. It is bureucrats and judges appointed to run through a lot of cases with no jury etc.
Well, be careful. Immigration law is a recognized legal practice and can reach Article III authority if needed. The fact that most immigration matters are handled by Article II courts does not absolve them of compliance with statute, nor negate due process.
If DOJ has evidence of criminal conduct by Kilmar Abrego Garcia, why are they deporting him without a trial?
A good rhetorical question. Legal analysis of the criminal complaint and its purported evidence reveals it to be purely pretextual. And the pretext was simply the fig leaf to justify how the administration could remove Abrego from El Salvador as some kind of special case. Now that the administration has satisfied its obligation to obey the withholding of removal order, it can try again.
Why "deport" anyone to Uganda?
Ostensibly because Uganda will in turn deport Abrego back to CECOT in El Salvador, but this time perhaps in such a way that the U.S. cannot reasonably be held accountable for it. In theory
refoulement is transitive—you cannot deport someone in any fashion if you have evidence that the end result will be deportation to a withheld country. But the legal machinery to enforce this is shaky.
Make no mistake: Abrego has thwarted and embarrassed the thugs in the Trump administration, and they will spare no effort to punish him in the worst way possible.
If he's not sentenced for a crime, why send him anywhere? If he's to be deported, why not let him choose where to go once he's outside of our borders? None of this makes sense to me.
Of course it doesn't because this administration has left behind all pretense to normality, the rule of law, and due process.
Abrego is entitled to due process in two ways. Regardless of any allegations of criminal conduct, he is entitled to due process prior to a removal order. It is likely that his present detention is a preface to his removal without any such process—again. Separately, he is entitled to due process for the resolution of the criminal charges against him: bail, speedy trial, compulsory production of evidence, etc. A conviction upon such charges may
thereafter inform his removal proceedings. It is my understanding that Abrego rejected a plea agreement that would have deported him to Costa Rica. It is within his rights not to accept any plea agreement for criminal charges that also requires his removal from the country.
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