EFFORTPOST The eventual drama of of the CECOT renditions daddy is doing

GAO have intermittently put out reports about DHS, ICE & CBP have inadequate process for discovering when they have accidentally detained a USC and don't even track how often it happens. Most recently in 2021 https://www.gao.gov/products/gao-21-487

Available data indicate ICE and CBP took enforcement actions against some U.S. citizens. For example, available ICE data indicate that ICE arrested 674, detained 121, and removed 70 potential U.S. citizens from fiscal year 2015 through the second quarter of fiscal year 2020 (March 2020).

This isn't a new issue, its been a problem for decades. Some notables: Andres Robles Gonzalez, deported in 2008 and wasn't allowed back until 2011, USCIS accepted he was a citizen but wouldn't issue him paperwork as he couldn't enter the US to visit a USCIS field office. Or Blanca Maria Alfaro, deported in 1998 (she literally had a passport with her) and not allowed back until 2013. Due process sometimes fricks shit up but it gives an opportunity to not do so, there are many many cases where immigration courts have found someone was actually a citizen. Days or weeks from detention to removal with only an ICE guy to convince you are a USC for a few minutes/hours after your initial detention is going to be leaky as frick.

ICE seem to be doing ICE things again and are rendering people to CECOT who they think are Venezuelan and think they are in a gang because they have tattoos or have a picture on the Instagram's doing a shakabrah (might be grounds for denaturalization on its own). While the feds have invoked state secrets exception to not disclose any details about the people they have rendered there is evidence that three of the people they rendered so far have no criminal history in the US and two of those had pending asylum claims. As Tren de Aragua are a designated terrorist organization there is an actual legal process they could undertake to establish these people are members or not. Given we are paying El Salvador $20k/y for each of them it also seems fiscally prudent to not pay for people who are not a member of Tren de Aragua.

DHS/ICE/CBP fricking shit up usually doesn't result in individual liability as qualified immunity applies. Where the future drama comes in to play is because its a rendition not a deportation. While potential claims could be brought by anyone who was rendered im going to focus on what could happen when a USC inevitably gets rendered to CECOT.

Suing the frick out of everyone

Bivens

Established in 1971 due to SCOTUS case Bivens v. Six Unknown Named Agents, these claims allow individuals to sue federal officials directly for violating their constitutional rights, even when no specific statute authorizes such lawsuits. This one is the big daddy for civil cases as congress have no ability to block it even if a chud congress try to reduce tort liability.

• Fourth Amendment violations (unreasonable seizure of the person)

• Fifth Amendment violations (denial of due process)

• Sixth Amendment violations (criminal detention without due process)

• Eighth Amendment violations (subjecting a citizen to cruel and unusual punishment)

Federal Tort Claims Act

The FTCA is a 1946 federal law that waives sovereign immunity (the legal doctrine that prevents the government from being sued without its consent) in specific situations. It allows individuals to sue the federal government for torts (civil wrongs) committed by federal employees while acting within the scope of their employment.

• False imprisonment

• Negligence in verifying citizenship status

• Intentional infliction of emotional distress

• Abuse of process

Alien Enemies Act Misapplication

It may be admitted under Bivens or simply as additional evidence of liability

• The Executive Order misapplied the Alien Enemies Act to target a non-state actor (gang) rather than a foreign nation

• The Alien Enemies Act historically applies only during declared wars against foreign nations

• The Alien Enemies Act is almost certainly unconstitutional today. Mathews v. Eldridge (due process requirements before deprivation of liberty) is particularly notable here as is Hamdan v. Rumsfeld (if the US violates international law established by a treaty it is party to then that can be enforced by federal courts)

• Targeting citizens falsely accused of gang membership exceeds statutory authority

Mistaken Identity as Additional Liability

• Falsely rendering someone who is not actually a gang member increases liability

• Failure to investigate claims of mistaken identity constitutes gross negligence (important later)

• Pattern of false gang designations creates even more liability

Rendering to CECOT as Event More Liability

CECOT conditions would substantially increase damages. Documented human rights violations in this facility include severe overcrowding, isolation, lack of medical care, and conditions amounting to torture. Kristi Noem's visit today will inevitably be used as documentary evidence that the administration had active knowledge of these conditions.

How much

https://en.wikipedia.org/wiki/Maher_Arar is an interesting potential analog case. The state secrets dismissal would not work in these cases but we can use the Canadian settlement as a ballpark for what kind of award someone might receive for being rendered by the US, $10.5 million in 2007 Canadian pretend money or ~$15m in current gods dollars.

My r-slur math suggests these kinds of ranges per case

• Low estimate: $1-2 million (based on scaling existing deportation settlements for the extended timeframe)

• Middle estimate: $3-5 million (considering the particularly severe conditions and international aspects)

• High estimate: $10-15 million (comparable to international rendition cases involving torture)

If there is a particularly sympathetic case that high is way too low. I suspect future civil liability from the renditions is easily in to the billions already.

Federal charges

Usually federal employees have criminal immunity for official acts. Exceptions include when gross negligence is involved. A future administration could take everyone from the cabinet down to individual ICE/CBP officers to trial on an assortment of charges.

18 U.S.C. § 242 - Deprivation of Rights Under Color of Law

This statute is specifically designed for prosecuting government officials who violate individuals' constitutional rights while acting in their official capacity. Its the one the good hardworking cops keep being convicted under for trying to keep society safe from basketballs. To secure a conviction, prosecutors would need to prove:

• The defendant acted under color of law (using their authority as a government official)

• The defendant willfully deprived the victim of constitutional rights

• For renditions to CECOT, penalties are enhanced because:

• If bodily injury results: Up to 10 years imprisonment

• If death results: Up to life imprisonment

Ultra Vires Actions

Criminal charges are strengthened by the illegal nature of the Executive Order:

• Officials implementing an unconstitutional order act outside lawful authority ("ultra vires" means "beyond the powers" in straggy latin)

• Invoking the Alien Enemies Act against non-state actors and citizens constitutes an ultra vires act

• Officials have an affirmative duty to refuse unlawful orders

18 U.S.C. § 241 - Conspiracy Against Rights

This statute criminalizes conspiracies to violate constitutional rights.

• Conspiracy to violate constitutional rights: Up to 10 years imprisonment

• If death results: Life imprisonment or death penalty

• Unlawful rendition policy magnifies conspiracy liability as simply following an illegal EO is participating in that conspiracy

18 U.S.C. § 1201 - Kidnapping

This one is a bit more of a stretch as the federal statute is fairly narrow but could still apply.

• Up to life imprisonment if victim transported internationally

• Enhanced penalties if the victim suffers bodily injury

They gonna be getting a visit from the health inspector.

State Charges

Usually federal employees cannot be tried in a state court for state crimes that were official federal acts. If the federal government decides they were not official acts (and a federal court agrees) this immunity goes away. The most serious (and not chudded) would be a CA or NY criminal case for kidnapping (not a stretch, state kidnapping statutes are much broader than the federal one), where they would face up to life in prison.

Im really curious to see how this develops over the next few years. When the first case of a USC being rendered is identified what will congress do? Will daddy preemptively pardon all federal employees? Will the sheeple care it happened or will it just get lost in the r-slur cycle?