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Actually I'm a bit confused so if anyone has the details please help.
It seems like these people are being deported, so once they land in another country any reason for their detention under US law has come to an end, unless there are some sort of parallel criminal proceedings.
So if they are imprisoned in the El Salvador prison, it seems like it would have to be under El Salvador law. Unfortunately I have no idea of what that might be.
The problem with this approach is that it establishes terrible incentives. If the argument "that was a mistake, but it is a done deal, and no court order in the world can change this" was sufficient, then there would not be wrongful death civil suits.
If individuals or governments fuck up in a way which is beyond repair, we don't shrug and say "well, luckily for you, the antique you recklessly destroyed was beyond price, so there is nothing you can do to make it right, off you go". We use money to approximate the damage. Sometimes we award punitive damages.
Of course, the prison in El Salvador is as likely to follow the whims of the US government as gitmo is. If Trump makes it a priority to right the wrong his administration did, that guy could be back on US soil in 24 hours. It only takes a court to set the correct incentive.
Perhaps award to him or his family 1000$ in federal funds for the first day he spends in El Salvador because Trump's goons ignored a court order, and double that every day afterwards, up to 1% of the defense budget per year. I am sure that the administration would rather get him back then pay him a billion in taxpayer money.
How about we fine him for entering the US illegally and make the fine double your proposed fine?
I see no reason why people who shouldn’t be here in the first place are getting benefits denied to US citizens given there’s no federal right to compensation for government mistakes/ errors / negligence.
Illegally entering the US is not a crime which warrants a lifetime of imprisonment, or what might be an adequate monetary equivalent to that.
If someone is trespassing on your property, and steps on a landmine you placed and gets his legs blown off, you can not simply tell the judge that since the trespasser was in the wrong, he does not have any cause for a complaint.
While the US government claims sovereign immunity over a lot of things, there is still the FTCA.
WP gives an example:
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I think this would be considered a punitive rather than a coercive fine. Still, I don't think you even need to go exponential on the fines. There is existing precedent for the structure "$25,000 minimum initial fine, increased in $25,000 increments daily until the contempt is purged or the maximum penalty of $250,000 is reached after 10 days; amount of fine depends on timeliness of compliance", and I think that structure would probably suffice.
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