U.S. and El Salvador Say They Won't Return Man Who Was Mistakenly Deported
Nature of the Case: Deportation vs. Kidnapping
- Many commenters argue this was not a “deportation” but a kidnapping: the man had legal protection from removal to El Salvador and was instead seized and sent to a foreign mega‑prison.
- Evidence that he was in MS‑13 is described as extremely weak (hearsay, clothing, untested informants), contrasted with his flight from gangs.
- Some speculate he may already be dead or severely harmed; others note the government insists he is alive and see him as a crucial test case.
Habeas Corpus, Rule of Law, and Constitutional Crisis
- Central concern: the executive is defying court orders, claiming it cannot return someone it unlawfully removed.
- This is framed as a de facto end of habeas corpus and due process: if the government can move you beyond judicial reach fast enough, rights become meaningless.
- Commenters stress that the Constitution protects “persons,” not just citizens; nonetheless, many warn that once this is normalized on non‑citizens, citizens will inevitably be next.
El Salvador’s CECOT Prison and the “Contract”
- CECOT is repeatedly described as a brutal, no‑release, forced‑labor facility (“zero idleness program”), closer to a concentration camp than a prison.
- There is heated argument over whether a formal one‑year contract exists: some cite references to a memo and judicial language about a “contract facility”; others note no actual contract has been produced or properly recorded.
- Regardless, multiple commenters argue the U.S. clearly still controls detainees’ “disposition,” making claims of helplessness toward El Salvador implausible.
Terrorism Designation and Legal Catch‑22
- Discussion of MS‑13’s designation as a foreign terrorist organization: seen as a tool to strip protections like withholding of removal.
- Commenters outline a perverse loop: label someone a gang member, incarcerate them with gangs so they must join to survive, then use that to void their protections.
Drift Toward Authoritarianism and Future Targets
- Many see this as a deliberate workaround for “summary justice” without trials, analogous to Guantanamo and past renditions but worse because it offloads detention to a foreign strongman.
- Trump’s openness to sending “home-grown” (U.S.) criminals to CECOT is cited as proof that citizens are intended targets next.
- Some predict emigration, armed resistance, or eventual civil conflict; a minority argue this is alarmist and expect institutions or elections to correct course.
International Law and ICC
- Several note there is effectively no international recourse: the U.S. does not accept ICC jurisdiction and has laws threatening extreme responses if its officials are prosecuted.
- El Salvador is in the ICC system, but commenters doubt enforcement against it or against U.S. interests would ever occur.
Impact on Trust, Tech, and HN Itself
- Commenters worry that no one will feel safe cooperating with U.S. authorities if encounters can end in foreign gulags.
- Some call this a tech‑relevant story because it undermines the legal and social environment that enables open discourse and immigration‑driven innovation.
- There is frustration that the thread was repeatedly flagged, seen as symptomatic of a tech culture avoiding existential political issues that are now directly threatening its own foundations.