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More news in immigration yesterday. There's an Atlantic article about it. The docket is Abrego Garcia v. Noem. The facts I'm recounting come from the declaration of Robert L. Cerna, Acting Field Office Director of the ICE Harlingen Field Office. This declaration is attached as Exhibit C to the government's response in opposition to the TRO (ECF #11).
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That last line is, frankly, insane to me given the circumstances. "Yea we knew at the time we deported the guy to El Salvador that it was illegal for us to do it, but it was in good faith!" What is the government's response to having illegally deported someone? Too bad! The government makes a few arguments but here I want to zoom in on a particular one: redressability. Ordinarily in order for a U.S. Federal court to have jurisdiction to hear a case the Plaintiff (that would be Abrego-Garcia, his wife, and his 5 year old son in this case) bears the burden of establishing that an order of the court would redress their claimed injury. This cannot be met here, according to the government, in part because they no longer have custody of Abrego-Garcia and so there is no order the Court can issue as to the United States Government that will reddress their injury. The appropriate entity to be enjoined is the government of El Salvador, over which a U.S. federal court obviously has no jurisdiction.
As best I can tell nothing in the redressability argument turns on any facts about his legal status in the United States. The argument is strictly about who presently has custody of the defendant in question. I do not see any reason why the government could not make an identical argument if an "administrative error" meant they deported a United States citizen.
Let’s say you’re walking down the street and a black guy steals your phone. Later that day, this same black guy is minding his own business when he is attacked, arrested, and beaten within an inch of his life by an unabashedly racist police officer who is an open member of the KKK. The police officer notices the cell phone, which he finds out later was reported missing by you, and returns it to you. Further investigation reveals that the police officer had no probable cause, and simply assaulted the man because he was black. Do you have to give him your cell phone back?
The answer is obviously no, right? Just because the black man has a clearly justified claim against the government, doesn’t mean that we have to recommit all of the crimes that the unlawful state action righted. Compensation should be made in a different way.
I actually think if there's a court order preventing the government from taking the black guy's phone, and the government knowingly grabbed it anyway, then the government should return it back to him. Yes, even if it seems counter-intuitive.
It's similar to the fruit from the poisonous tree doctrine; yes, the evidence is true and overwhelming that the criminal did it, but we let them go anyway because the government obtained the evidence illegally. Also very counter-intuitive. We KNOW the fucker did it, it's bad that the government illegally obtained the evidence but that's in the past, and we have the evidence now, why can't we use it to lock them up? I assert it's the same reason as in this case. It incentivizes the government to take the expedient "the-ends-justifies-the-means" approach which negatively impacts innocent people.
The fruit from the poisonous tree doctrine as applied in the US is pretty stupid. It is beyond retarded that good faith procedural errors can allow obviously guilty men go free. Most of the rest of the world does not have it, or does not have it to the same extent as US does.
A good faith error is literally a named exception to the exclusionary rule.
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