"The rest of the District Court’s order remains in effect but requires clarification on remand. The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps."
...will lead to more litigation up and down the appellate ladder before the Government will actually do anything to comply with an order. "Oh noes! The District Court exceeded its authority and has failed to show due deference to the Executive Branch! Please give us an administrative stay!" "Stay granted. Expedited briefing schedule herein, decision in three weeks." "Oh noes! The new order after the second remand is vague and unclear! We don't know how to follow the court's order! Please give us an administrative stay!" "Stay granted, Expedited briefing schedule herein, decision in three weeks." "Oh noes! The new order fails to properly defer to us again! Here's a declaration from Secretary Rubio saying we are intruding on his conduct of foreign affairs but not saying why! We need an administrative stay again!" Etc. etc. etc. while this poor guy, presumed innocent of any crime and whose criminal record is free of any blemish, is getting beat up every day in the Salvadoran gulag.
We now have a very brief description from Secretary of State Rubio of what purportedly makes Mahmoud Khalil deportable:
I am writing to inform you that upon notification from the Department of Homeland Security's Homeland Security Investigations (DHS/ICE/HSI) on March 7, 2025, I have determined that [REDACTED] and Mahmoud Khalil (DOB:01-JAN-1995;
POB: Algeria), both U.S. Lawful Permanent Residents (LPR), are deportable aliens under INA section 237(a)(4)(C). I understand that ICE now intends to initiate removal charges against them, based on assurances from DHS/ICE/HSI.
(SBU) Under INA section 237(a)(4)(C)(i), an alien is deportable from the United States if the Secretary of State has reasonable ground to believe that the alien's presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States. Under INA section 237(a)(4)(C)(ii), for cases in which the basis for this determination is the alien's past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien's presence or activities would compromise a compelling U.S. foreign policy interest.
(SBU) Pursuant to these authorities, I have determined that the activities and presence of these aliens in United States would have potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest. These determinations are based on information provided by the DHS/ICE/HSI regarding the participation and roles of [REDACTED] And Khalil in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States. My determination for [REDACTED] is also based on [REDACTED] citations for unlawful activity during these protests. The public actions and continued presence of [REDACTED] and Khalil in the United States undermine U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States. Consistent with E.O. 14150, America First Policy Directive to the Secretary of State, the foreign policy of the United States champions core American interests and American citizens and condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective.
You read that right: Khalil's "past, current, or expected beliefs, statements, or associations that are otherwise lawful," "have potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest," because they "undermine U.S. policy to combat anti-Semitism around the world and in the United States."
Which I interpret to mean Khalil has been critical of the Netanyahu government in Israel and is expected to be critical of it again in the future. Future-thought-crime. Activity which is concededly lawful is now deportable.
I call upon our free speech absolutists to join me in objecting to this.
I am reminded of some social accounts that pop up from time to time glamorizing subsistence farming. There is nothing glamorous about subsistence farming. Essentially all of human history is an effort to get to do things other than subsistence farming.
So too with the factory job. It might be better than subsistence farming, but not all that much. The glamorizing of this, based I think on fiction and some sort of romantic notion that this kind of work is noble and public-spirited, is sort of missing the entire point: whether it's noble or public-spirited, working that sort of job would SUCK. Hollywood imbues the factory worker with nobility because he SUFFERS to provide for his family.
This is the way. While what I can do in my basement isn't QUITE as good as what the movie theater can do, it's pretty damn close, and as you point out, you can occupy basically the entire field of view.
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I fret that this part of the order...
"The rest of the District Court’s order remains in effect but requires clarification on remand. The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps."
...will lead to more litigation up and down the appellate ladder before the Government will actually do anything to comply with an order. "Oh noes! The District Court exceeded its authority and has failed to show due deference to the Executive Branch! Please give us an administrative stay!" "Stay granted. Expedited briefing schedule herein, decision in three weeks." "Oh noes! The new order after the second remand is vague and unclear! We don't know how to follow the court's order! Please give us an administrative stay!" "Stay granted, Expedited briefing schedule herein, decision in three weeks." "Oh noes! The new order fails to properly defer to us again! Here's a declaration from Secretary Rubio saying we are intruding on his conduct of foreign affairs but not saying why! We need an administrative stay again!" Etc. etc. etc. while this poor guy, presumed innocent of any crime and whose criminal record is free of any blemish, is getting beat up every day in the Salvadoran gulag.
The whole order can be read here:
https://s3.documentcloud.org/documents/25894464/24a949-order.pdf
We now have a very brief description from Secretary of State Rubio of what purportedly makes Mahmoud Khalil deportable:
I am writing to inform you that upon notification from the Department of Homeland Security's Homeland Security Investigations (DHS/ICE/HSI) on March 7, 2025, I have determined that [REDACTED] and Mahmoud Khalil (DOB:01-JAN-1995;
POB: Algeria), both U.S. Lawful Permanent Residents (LPR), are deportable aliens under INA section 237(a)(4)(C). I understand that ICE now intends to initiate removal charges against them, based on assurances from DHS/ICE/HSI.
(SBU) Under INA section 237(a)(4)(C)(i), an alien is deportable from the United States if the Secretary of State has reasonable ground to believe that the alien's presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States. Under INA section 237(a)(4)(C)(ii), for cases in which the basis for this determination is the alien's past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien's presence or activities would compromise a compelling U.S. foreign policy interest.
(SBU) Pursuant to these authorities, I have determined that the activities and presence of these aliens in United States would have potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest. These determinations are based on information provided by the DHS/ICE/HSI regarding the participation and roles of [REDACTED] And Khalil in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States. My determination for [REDACTED] is also based on [REDACTED] citations for unlawful activity during these protests. The public actions and continued presence of [REDACTED] and Khalil in the United States undermine U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States. Consistent with E.O. 14150, America First Policy Directive to the Secretary of State, the foreign policy of the United States champions core American interests and American citizens and condoning anti-Semitic conduct and disruptive protests in the United States would severely undermine that significant foreign policy objective.
https://apnews.com/article/mahmoud-khalil-columbia-university-trump-c60738368171289ae43177660def8d34
You read that right: Khalil's "past, current, or expected beliefs, statements, or associations that are otherwise lawful," "have potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest," because they "undermine U.S. policy to combat anti-Semitism around the world and in the United States."
Which I interpret to mean Khalil has been critical of the Netanyahu government in Israel and is expected to be critical of it again in the future. Future-thought-crime. Activity which is concededly lawful is now deportable.
I call upon our free speech absolutists to join me in objecting to this.
I am reminded of some social accounts that pop up from time to time glamorizing subsistence farming. There is nothing glamorous about subsistence farming. Essentially all of human history is an effort to get to do things other than subsistence farming.
So too with the factory job. It might be better than subsistence farming, but not all that much. The glamorizing of this, based I think on fiction and some sort of romantic notion that this kind of work is noble and public-spirited, is sort of missing the entire point: whether it's noble or public-spirited, working that sort of job would SUCK. Hollywood imbues the factory worker with nobility because he SUFFERS to provide for his family.
This is the way. While what I can do in my basement isn't QUITE as good as what the movie theater can do, it's pretty damn close, and as you point out, you can occupy basically the entire field of view.