Here Be Dragons
The President Has Refused A Unanimous Supreme Court Order
“Here be dragons” (hic sunt dracones) is a phrase which originated before the 16th Century to describe dangerous or unexplored territories.
Medieval cartographers would draw lines around the known world; beyond that border they would draw dragons, sea monsters and other mythological creatures to represent the danger of the unknown.
President Trump’s deportation of a legal U.S. resident without due process and subsequent refusal to return him after being ordered to do so by the U.S. Supreme Court sails the ship of state into dangerous, unknown waters.
Due Process
The hallmark of the rule of law is “due process,” which consists of notice of to the accused and the opportunity to be heard by an impartial judge. This due process guarantee is memorialized in the Fourteenth Amendment and applies in all cases whether the defendant is a U.S. citizen or not.
This means that if it is alleged that you drove 75 m.p.h. in a 65 m.p.h. zone you are entitled to a written accusation, access to evidence against you, and an impartial hearing officer to adjudicate your case.
The police cannot simply pull you over, accuse you of speeding, and issue a fine with no appeal.
It also means that if you are accused of being in the United States illegally, you cannot be removed without notice of the charges and the opportunity to prove that you are, in fact, a legal resident of the United States.
Kilmar Abrego Garcia
Kilmar Armando Abrego Garcia is a citizen of El Salvador and legal US resident who was illegally deported from the United States on March 15, 2025 in what the Trump Administration called "an administrative error.”
This is important. After Garcia’s arrest the Trump Administration conceded Garcia is a legal U.S. resident and that his deportation violated U.S. law.
Garcia was then imprisoned without trial in the maximum security Terrorism Confinement Center (CECOT) in El Salvador despite never having been charged with or convicted of a crime in either country.
The Supreme Court Ordered Trump To Return Garcia
I will skip over the federal trial court proceedings in which Federal District Court Judge Paula Xinis ordered that Garcia be returned to the U.S. That order was appealed to the United States Supreme Court which, on April 10, 2025 ruled 9-0 in favor of Garcia.
The decision is only four pages long and I have included it in its entirety below.
Trump Refuses To Comply With A Supreme Court Order
For the first time in the history of the United States, a president has refused to follow a judicial order, much less a Supreme Court Order, much less a unanimous Supreme Court Order.
The Trump Administration has justified this refusal by disavowing arguments made by its own Justice Department lawyers in federal court, lying about Garcia, and misrepresenting what the Supreme Court said.
The Attorney General Removed The Lawyer Who Told The Truth In Court
On April 4, 2025 Assistant United States Attorney Erez Reuveni responded (as all attorneys must) truthfully when asked by a federal judge if Garcia was legally removed. He responded, “the facts are conceded, plaintiff Abrego Garcia should not have been removed."
The next day the Attorney General removed Reuveni as counsel and placed him on administrative leave.
The Trump Administration Lied About Garcia
On Monday, DHS spokesperson Tricia McLaughlin said, “this illegal alien is exactly where he belongs, home in El Salvador. He was in our country illegally, he’s from El Salvador, was born in El Salvador, and oh, the media forgot to mention, he is an MS-13 gang member.”
While DHS alleges that Garcia is “in our country illegally” three federal courts - including the U.S. Supreme Court - have ruled he is a legal US resident.
DHS alleges “he is an MS-13 gang member,” but there has been no hearing, no evidence in support, and the Justice Department admitted in federal court Garcia was not an MS-13 gang member.
Again, due process. Garcia has not been given any opportunity to defend himself. He remains incarcerated based merely on bald allegations.
The Trump Administration Misrepresented The Supreme Court Order
The Supreme Court’s Order requires that the government “facilitate” Garcia’s return. White House Advisor Stephen Miller simply refused to acknowledge the defeat by materially misrepresenting the decision’s plain meaning. Miller said:
“DOJ called me after that Supreme Court ruling and they said, ‘this is amazing. We won this case nine-zero. We are an excellent standing here.’” Miller said his interpretation was that the “most” Trump could be compelled to do is “facilitate” the return – meaning the U.S. “wouldn’t block him at the airport.”
Miller insisted that if Garcia were somehow returned to the U.S. as (unanimously) ordered by the United States Supreme Court, the government would “put him back into ICE detention and then he would be deported either back to El Salvador or somewhere else,”
If This Stands Anyone Can Be Sent To A Torture Prison Without Due Process
On Page 3 of the Supreme Court decision below, Justice Sotomayor wrote:
The Government’s argument implies that it could deport and incarcerate any persons, including U.S. citizen, without legal consequence, as long as it does so before a court can intervene.
When asked about whether he would like to deport U.S. citizens as Justice Sotomayor suggested, Trump said, “I’m all for it,” (below).
We have sailed off the Constitutional map. Let’s hope some dragon slayers appear.
Watch this space.
