Cruel, Unusual, and Unnecessary Punishment for Abrego Garcia

WASHINGTON - June 6, 2025 - PRLog -- The federal government has finally returned Abrego Garcia to the United States where he will stand charges for Alien Smuggling and Conspiracy to Commit Alien Smuggling in violation of Title 8, U.S. Code 1324.

Even if found not guilty - either because the evidence against him wasn't strong enough, or jurors simply felt he had suffered enough and refused to convict (jury nullification) - he is reportedly already under a deportation order issued after affording him due process, and he can be deported at any time to countries other than El Salvador.

So while many might argue that prosecuting him for crimes which occurred some time ago and were not prosecuted then constitutes cruel and unusual punishment, it certainly appears unnecessary punishment, since deporting him to another country is by itself a serious punishment, and more than sufficient to protect American citizens from any further criminal activity, says public interest law professor John Banzhaf.

The irony is that a deportation proceeding, at which Garcia would again be given due process, could have occurred within days of his mistaken deportation to El Salvador.

Moreover, it could have been conducted - under well established procedures established by immigration authorities - over the Internet without returning Garcia to the U.S., as Banzhaf explained weeks ago.  Here's how this simple procedure might have been accomplished, for Garcia and others, and apparently as even approved by a judge . . .

In short, a simple hearing over the Internet from El Salvador could both revoke Garcia's WOR protection against being sent to El Salvador, and also reaffirm his order of removal from the U.S., says Banzhaf, although whether that's the way the Trump administration wishes to proceed is far from clear.

A similar proceeding over the Internet would also permit South Sudan prisoners, through their attorneys present in the U.S., to present their "reasonable fear" claims to a judge and both counsel who would also be in the U.S., concludes Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com  @profbanzhaf