We Are Not at War With El Salvador

“

 

 Goodness,” I said, slamming the newspaper on the table. “Why can’t people get it through their heads that the President is just trying to protect the public?”

 

Socrates looked up from his coffee with the amused expression on his face that I had come to recognize. “Well,” he said, “What do we have our panties in a bunch over now?”

 

“Stop fantasizing about me wearing panties,” I retorted. “And this is no trivial matter. It’s about that Kilmar Abrego Garcia fellow. People are complaining about him being deported to El Salvador. But he’s a member of MS-13, which, by the way, has been designated a foreign terrorist organization. Don’t these people have any concern about public safety?” [1]

 

Socrates’s eyes furrowed as his look of amusement disappeared. “Are you sure that public safety is the issue here?”

 

“Of course it is,” I replied. “MS-13 is a serious international criminal gang. I’m glad someone is finally taking some action.”

 

“Isn’t the real concern that people are raising is whether Abrego Garcia was deported according to law?”

 

“Law, schmal. MS-13 doesn’t care about the law. Why should they get the benefit of something they ignore and violate routinely?”

 

“Well, now, just a minute,” Socrates said. “Couldn’t that be said about every lawbreaker?”

 

“What do you mean?”

 

“If someone commits armed robbery, couldn’t it be said that he is ignoring the law against robbery?”

 

“Naturally.”

 

“What about rape? Doesn’t someone who commits rape ignore the law against rape?”

 

“Sure.”

 

“And what about a murderer? Doesn’t he ignore the law against murder?”

 

“Of course,” I said. “What’s your point?”

 

“Don’t we always allow people accused of such things to contest their guilt in a jury trial?”

 

“Well, yes. I believe that’s called ‘due process.’”

 

“So, are you saying that members of MS-13 are a special category of people who aren’t entitled to due process?”

 

I thought for a minute, then said, “Okay, I see your point. But criminal trials decide whether or not the defendant will go to prison, or even get the death penalty. Abrego Garcia didn’t need to worry about that. All he had to worry about was whether he could stay in the country. There’s a whole wide world out there outside of the United States.”

 

Socrates laughed. “I think there are a good many people who forget that fact. But didn’t Garcia in fact go to prison?”

 

“Sure. He’s in a prison in El Salvador. But that’s because he’s a terrorist. MS-13 has been declared a terrorist group.” [2] 

 

“Okay, but the fact remains that he was sent to prison without a trial. Do you approve of that?”

 

“Socrates, during a war, enemies are taken prisoner all of the time without a trial.”

 

“Oh, was war declared against MS-13?” Socrates said with mock surprise. “I must have missed that.”

 

“Okay, maybe not an official war,” I responded only mildly flustered. “But they’re certainly at war with us.”

 

Just then, Tilly, our server, came by to freshen our coffees and take our order. She had obviously been hearing our conversation. “Are you two talking about that man who was taken to El Salvador? Isn’t that awful?”

 

Socrates laughed. “For those who have empathy it’s awful. For those who don’t, like Jacob here,” he said pointing to me, “it’s just great.”

 

Tilly clearly didn’t want to involve herself in our debate, and took our orders without further mention of what had happened to Abrego Garcia. When she left, I accosted him with his remark about my lack of empathy. “You think I’m some kind of unfeeling monster because of one guy. But what about all of the Americans who have been hurt or killed by illegal aliens? What about them?”

 

Socrates shook his head. “Surely you’re aware that immigrants, including illegal immigrants, have been shown to be less likely to commit crimes than those born in the United States?” [3]

 

“Okay, I’ve heard that. And maybe I don’t believe it.”

 

“Are you picking and choosing what facts to believe? Do you have any contrary evidence?”

 

“No, I suppose I don’t,” I admitted with a sigh. “But you certainly can’t say that MS-13 doesn’t commit any crimes.”

 

“No, but while we’re talking about evidence and the lack thereof, what evidence is there that Abrego Garcia is a member of MS-13?”

 

“He was identified as an MS-13 member by the police.”

 

“Are you talking about that time he was detained in Maryland in 2019?”

 

“I don’t know. I suppose so.”

 

“So you’re talking about the Maryland police officer who formally attested that he was a member of MS-13?”

 

“I don’t know the details. Maybe.”

 

“So, then you must be talking about the police officer who later got caught giving confidential information about a case to a sex worker and got prosecuted for it.” [4]

 

Socrates was never known to smirk, but he might as well have after that comment. “Okay, wise guy,” I said. “But that doesn’t mean that the cop didn’t know how to tell if someone was a gang member.”

 

“Doesn’t it reflect on his judgment?” Socrates asked undaunted.

 

“Maybe it does. But the Trump administration is holding firm on the idea. They must have some information about it.”

 

“If they do have such information, why haven’t they presented it in court so far?”

 

“Well, they’re trying to keep him in El Salvador for some reason.”

 

“Then why haven’t they explained any legal basis for what they did? In fact, haven’t they admitted that they removed Abrego Garcia to El Salvador because of an oversight?”

 

“Yes, I heard that. But what difference does it make in the end? He was going to be sent back to El Salvador eventually anyway. He did enter the country illegally, you know.”

 

“So he did. But isn’t it also true that in 2019 an immigration judge prohibited his removal to El Salvador because he faced a clear probability of persecution there, and that the authorities in El Salvador were unable or unwilling to protect him?”

 

“Okay, if you say so. And what justified that decision?”

 

“You didn’t know that he and his family were being threatened by the Barrio 18 gang in El Salvador?” [5]

 

“No.”

 

“Well, doggone it, Jacob,” Socrates said laughing. “Maybe some acquaintance with the facts would help before you acquire such a strong opinion about things.”

 

“Alright, Socrates, you’ve made your point. But even if he shouldn’t have been deported back to El Salvador, maybe he could have been sent to some other country.”

 

“And what country would that be?” Socrates asked laughing.

 

“I don’t know. Some place that wants him.”

 

“Why should that have happened? He was legally in the United States at the time he was apprehended.” [6]

 

At this point I thought I had him. “Ah, but President Trump has invoked the Alien Enemies Act. So it’s a whole new ballgame.”

 

“But the Alien Enemies Act only applies when there is a declared war or an invasion by a foreign government or nation. [7] Have either of those things happened?”

 

“Well isn’t MS-13 invading our country?”

 

“Is MS-13 a foreign nation or government?”

 

“No.”

 

“And his country is El Salvador. Are we being invaded by El Salvador?”

            “No.”

 

“Have we declared war on El Salvador?”

 

“No. I guess not. But Abrego Garcia isn’t a citizen of the United States. So he doesn’t have any rights under our Constitution anyway.”

 

“Are you sure about that? The Fifth Amendment says that no person is to be deprived of life, liberty, or property without due process of law. [8] Isn’t Abrego Garcia a person?”

 

“Well, yeah.”

 

“And hasn’t he been significantly deprived of his liberty?”

 

“Okay. Yes.”

 

“But was there any finding by a court before he was deported to El Salvador?”

 

“No. Okay, Socrates, I admit it. I’m an idiot. Are you satisfied?”

 

Just then, Tilly came back to our table with our breakfast. As she put the plates on the table she asked with a condescending smile, “So, have the two of you resolved your little argument?”

 

“No,” I replied. “It won’t be resolved until I punch Socrates in the mouth.

 

--Jack Quirk