• JeremyHuntQW12@lemmy.world
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    4 days ago

    As far as I can find out, there is no constitutional restriction on outsourcing the imprisonment of Americans in foreign countries. This is not deportation.

    Australia was founded on the outsourcing of imprisonment of British prisoners, after the US war of Independence when US states refused to continue to take British prisoners.

    Garcia was determined to be a refugee because he was a member of an El Salvadorian gang, so there is no likelihood he will be released in El Salvador.

    • disguy_ovahea@lemmy.world
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      4 days ago

      That’s precisely why they don’t want to return Garcia. Once he shared the details of the cruel and unusual punishment that the inmates endure, SCOTUS would have to prohibit incarceration in CECOT under the Eighth Amendment.