The argument the Trump admin is now making is that courts can't order the executive to facilitate his return because that falls under foreign affairs and that's not subject to the courts review
Sort of, they are arguing that since he is in El Salvador, it isn't their call anymore. They can facilitate his return. They could send a plane to El Salvador to fly him back or pay for a ticket. But unless El Salvador voluntarily gives him up, there's no legal basis to guarantee his return.
what the fuck are they gonna do? bring him back, put him to court and then deport him again? sounds like a huge waste of time
Yeah, it would be a massive waste of time and resources, but American liberals who are committed to "the rule of law" want this to happen because they think legal rights outweigh any other considerations.
Of course though, under the Alien Enemies Act of 1798, he could be deported regardless, and that's what this comes down to.
Back in 2019 when he was arrested and when the judge issued an order of protection against his deportation (which the fed gov't wanted to do at the time, they wanted to deport him, but courts blocked them from doing so). Back in 2019, Trump had no invoked the Alien Enemies Act of 1798.
Now, Trump has invoked that law. So the question is, does the invocation of that law nullify the lower court's order of protection back in 2019? So far, Supreme Court has said that it does not nullify. But the caveat is that while they say this doesn't nullify, if enforcing this order of protection compels the executive branch with regards to foreign affairs, then it is not within that lower court's jurisdiction, and thus order of protection cannot be enforced, and thus Abrego Garcia can be deported to his home of El Salvador