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But @Eleocharis wasn't even talking about the gentleness or lack thereof of the deportation process! The point is that the US specifically arranged for them to be shipped to the torture prison, as opposed to neutrally dumping them back in their home country and letting events take their course. "We shouldn't under any circumstances actively pay Bukele to put people in his torture prison" is pretty fucking different from "we shouldn't deport illegal immigrants back to El Salvador because Bukele might put some of them in the torture prison".
We couldn't deport them to Venezuela because Venezuela was run by Maduro, who refused to accept them.
Moreover this framing of El Salvador's prisons as a "torture prison" is inherently a little dishonest. Define "torture". In Sweden they would call American prisons torturous because we don't give criminals Xbox and weed. Singapore still uses the cane. El Salvador had a massive gang problem, the highest murder rate in the world, they put all the criminals in jail. That's bad, apparently. Now we're not allowed to deport gang members there because liberal journalists say it's inhumane, we're more enlightened than that. Why do I have to accept this characterization of Bukele's jails as "torture prisons"? It's a prison, it's not supposed to be fun.
"Deliberately inflicting serious physical pain on an individual" seems like a good, no-frills definition that avoids relativistic semantic creep where any less-than-maximally-homely prison can be called a "torture prison". I am not trying to play language games here, I am talking about the thing where CECOT detainees are allegedly beaten to the point of injury on a regular basis - not even as a punitive measure for specific documented misbehavior within the prison, but at the whim of the prison staff, including an hour-long beating meted out to all newcomers. You don't have to be a Scandinavian hyper-altruist to think that this is barbarous conduct that the US should on no account be condoning, let alone subsidizing.
(I'm not a fan of corporal punishment as it exists in Singapore, but that's still a different story. Caning over there is an actual judicial sentence, carried out in an orderly, controlled way with proper healthcare provided to the convict afterwards. This may not be our civilization, but it's recognizably a civilized process with limited scope. And even then, I still think the US paying Singapore to cane people would be a step too far.)
If you want to argue that the reports of the beatings etc. at CECOT are fabricated, well, color me skeptical, but that's a factual disagreement I can live with. If the reports are accurate, however, I don't think there's anything hyperbolic about calling it a "torture prison".
Well, tough. Where was the famous Trump bravado then? The principled thing to do in the face of such an unreasonable demand, IMO, was clearly to call Maduro's bluff and just fly them to Venezuela anyway. If Venezuelan authorities don't want to take them into custody, just set'em loose outside the airport. If my neighbor's aggressive dog hops over the fence and starts causing property damage in my yard, it's not actually up to him whether I toss the dog back over to his side of the fence. That's just… ridiculous. Particularly if I'm a zillion times stronger and wealthier and influential than said neighbor. (It'd certainly take something more than an Official Refusal from him for me to even consider paying out of my own pocket to place the dog into the custody of some third party, never mind whether that third party would abuse the dog or not.)
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I thought their home country refused them, as would be sensible for known criminals
From what I remember from reading on Kilmar - when you apply for asylum, you generally also apply for 2 other forms of protection. One is based on torture, one is based on nonrefoulment (dont return peoole to dangerous counties). But basically when you apply for asylum, you can also say "dont return me to my home country becauase theyll torture me". And sometimes you are able to get orders to not be deported to a certain country, even while being denied asylum. Which basically means (until recently, maybe?) they get to stay. So it might be that as much as home country not taking them.
I think what was happening with both Kilmar and CERCOT was that Trump admin was basically playing hardball. People were getting a bunch of nonrefoulment type protections from being returned to their home country, the bar to get that was lower, and then they could more or less just stay. And trumps response was to say "ok, maybe we cant send you back to Venezuela, but instead we can send you to a third counry, like South Sudan or El Salvador." The chance of being sent to south sudan or rwanda or whereever would nuke incentives to apply for certain protections.
In the case of Kilmar Abrego Garcia, he was sent back (deported) with a bunch of other El Salvadorans who were sent back to El Salvador. He had a nonrefoulment order that was not respected, which was a fuckup on the part of DHS. If they'd done it by the book he's likely have been detained in the US until the US came up with the Guatemala idea. The Venezuelans, as far as I can tell, were not deported -- they were sent to CECOT to be detained there (still titularly in US custody), seemingly as part of some sort of hardball the US was playing with Maduro, and after Maduro agreed to take them back they were sent from CECOT to Venezuela.
As for CECOT being a torture prison, who knows? There's stories from prisoners, but you could interview prisoners in any maximum security US prison and get similar ones. Some of them would likely even be true, because prison sucks, prisoners suck, and prison guards generally suck too.
At the very least, I don't think it's disputed that prisoners in CECOT are in horribly crowded cells and do not have any right to visitation or communication with the outside world.
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