Last week, I explained that lawyers for Kilmar Abrego Garcia have a weaker case than they may initially have believed for demanding his return to the United States. That’s because the government represents that he is not covered by the agreement under which El Salvador is detaining prisoners at the behest of the United States for up to a year, with the United States having paid $6 million. (I’ll refer to that as “the agreement.”)
Instead, the agreement covers only Venezuelan aliens whom the government suspects of membership in the Tren de Aragua (TdA) criminal organization against whom President Trump invoked the Alien Enemy Act (AEA). This may prove to be a boon for the aliens already deported to El Salvador on March 15, ACLU lawyers for whom have revamped the lawsuit brought on their behalf in Washington, D.C.
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