Summary:

The Trump administration inadvertently revealed on Monday that it is attempting to trap Venezuelan migrants in a catch-22 that would effectively block them from challenging their deportation and detention in an El Salvador prison. In a court filing, the government acknowledged that it had deported at least one migrant to El Salvador due to an “administrative error”—but argued that the individual had no right to contest his imprisonment because he is in the custody of a “foreign sovereign.”

This argument confirms what’s been clear for weeks: The government intends to treat the prison as a black site where migrants have no constitutional rights whatsoever and may be subject to any treatment whatsoever—including indefinite detention, forced labor, torture, or death.

But Monday’s filing illustrates another, more subtle problem that the Justice Department probably did not intend to admit: The government is trying to shunt migrants’ legal claims through a channel that is doomed to end in failure.

It seeks to ensnare these migrants in a Kafkaesque trap from which there may be no lawful escape. And it is trying to sell this subterfuge to the federal judiciary as a legitimate opportunity for due process if any migrants have plausible objections to their treatment.

To see how hollow that promise is, just look to the case of Kilmar Armando Abrego Garcia. A native of El Salvador, Abrego Garcia came to the United States in 2011, fleeing gang violence. Although he entered the country without authorization, an immigration judge granted him protected status in 2019, finding that he would likely face persecution if sent back to his home country. Federal law prohibits his removal to El Salvador. The Trump administration targeted him anyway, pulling him over while he was driving with his son, who is 5 years old and intellectually disabled. Immigration and Customs Enforcement agents falsely claimed that his “status has changed,” arrested him, and threatened to turn over his son to Child Protective Services if his wife did not arrive within 10 minutes. His wife, a U.S. citizen, was able to appear in time, but ICE refused to provide any information about her husband’s arrest. She did not know where he had been taken until she saw a news photo of alleged Venezuelan gang members in CECOT, a notorious Salvadoran mega-prison, kneeling on the ground, their arms raised above their shaved heads. One man, she realized, was her husband.

Abrego Garcia’s deportation was unambiguously illegal, and his lawyers swiftly filed suit demanding his return. On Monday, the DOJ responded with a bombshell admission: Abrego Garcia did have a right to remain in the U.S. and was shipped off to CECOT only because of an “administrative error.” The DOJ then declared that there was nothing the plaintiff or the government could do to fix this confessed mistake. Abrego Garcia, it wrote, would need to file a writ of habeas corpus, the traditional procedure for challenging unlawful detention. Indeed, it argued, Abrego Garcia’s claims “can proceed only in habeas”—he has no other way to fight his imprisonment. And yet, the department concluded, no federal court can hear his habeas claim, because he is “not in United States custody.” He thus has no remedy whatsoever and must remain in CECOT indefinitely.

The Trump Administration Just Admitted It’s Creating a Black Site for Migrants

Because this situation is unprecedented, there is little case law to indicate whether the DOJ is correct that migrants lose their rights at CECOT.

^{Mark Joseph Stern (Slate)}

cross-posted from: lemm.ee/post/60150824

As part of its efforts, the bloc has repeatedly introduced its Chat Control legislation, aimed at weakening the encryption that protects messaging services and force providers to provide a client-side backdoor for law enforcement.

schizoidman

2025-04-02 03:17:13

EU Possibly Emerging As One Of The Greatest Threats To Privacy

As part of its efforts, the bloc has repeatedly introduced its Chat Control legislation, aimed at weakening the encryption that protects messaging services and force providers to provide a client-side backdoor for law enforcement.

EU Possibly Emerging As One Of The Greatest Threats To Privacy

The European Union, once praised for its pro-privacy legislation, is now leading the charge toward a future with less privacy, one where the government can use your devices to spy on you.

^{Matt Milano (WebProNews)}

Summary

Liberal judge Susan Crawford defeated Elon Musk-backed conservative Brad Schimel in Wisconsin’s supreme court race, preserving a 4-3 liberal majority.

The high-stakes contest, which drew over $80 million—$20 million from Musk and affiliates—became the most expensive judicial race in U.S. history.

Democrats framed the election as a referendum on Musk and Trump, fueling turnout and grassroots support.

The liberal court majority will influence key rulings on abortion, labor rights, and congressional redistricting. Milwaukee saw historic turnout, with multiple polling sites running out of ballots during the evening rush.

Wisconsin supreme court race: Liberal Susan Crawford beats Musk-backed candidate

Liberal judge defeats Brad Schimel in the most expensive judicial election in US history, which cost a combined $80m

^{Sam Levine (The Guardian)}

Musk poured a ton of time and energy into this race

In particular, the race was seen as a test of Musk’s political sway, as his super PAC, America PAC, alone spent more than $12 million to support Schimel. He also traveled to Wisconsin the Sunday before the election, where he handed out $1 million checks to voters who had signed his petition against “activist judges.”

Liberal candidate wins Wisconsin Supreme Court race in blow to Trump, Musk

Susan Crawford was projected to win an open seat on the Wisconsin Supreme Court race, keeping the high court’s 4-3 liberal majority intact and delivering a blow to Elon Musk and President Trump, according to Decision Desk HQ.

^{Caroline Vakil (The Hill)}

cross-posted from: lemmy.world/post/27664878

Hello world,

Today we are starting an April Fools charity event called: Lemmy Silver! accessible to all users of Lemmy with an account made before today (also non-world users!).

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In this post we will keep a live leaderboard. At the end of April the users with the highest score will get these prizes:
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