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-- Thomas Jefferson

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becomes a revolutionary act.  -- George Orwell

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Letter to Attorney General Pamela Bondi, need for declaratory relief in both Abrego Garcia and similar cases declaring ” the fear of a gang member of rival gangs” is not a legitimate reason not to deport to home country. Any order to deport a gang member to a third country is an unenforceable order and is null and void

Posted on | April 17, 2025 | No Comments

Open letter to Attorney General Pamela Bondi,

Need for declaratory relief in both Abrego Garcia and similar cases declaring ” the fear of a gang member of rival gangs” is not a legitimate reason not to deport to home country. Any order to deport a gang member to a third country is an unenforceable order and is null and void

In the past several weeks the whole nation was enthralled by the case of Salvadorian illegal alien MS 13 gang member Kilmar Abrego Garcia.

US media, which is mostly far left and anti-Trump, calls it a case of mistaken deportation. So, how to avoid such “mistaken deportations” in the future and render the decision that made this deportation “mistaken” null and void.

So, of course, the fact that Abrego Garcia is an illegal alien and a MS 13 gang member is not a mistake. The fact that the immigration judge and the appellate court found him to be deportable is not a mistake as well. So, where is the mistake? The mistake lies in the fact that Abrego Garcia claimed fear of rival gang members in El Salvador and the immigration judge ruled that he can be deported to any country in the world, but not El Salvador. This mistake needs to be corrected and filing a legal action by the Department of Homeland Security seeking a Declaratory Relief that such order and similar orders are unenforceable and null and void.

Actions by the Immigration judge in this case were not just erroneous and ill conceived, but simply absurd. The judge did not consider consequences of such order. Most importantly, the judge did not consider the fact that the US government cannot deport Abrego Garcia to any third country as no country on the face of this planet would willingly accept a known gang member.
What country would knowingly endanger its own citizens by importing a known gang member, the answer is “None, no country would do it”. So, the judge issued an unenforceable order.

In this situation the US government has two options:

  1. The first option was to release into community an illegal alien gang member because no third country would be willing to accept him. The most horrible consequence of this order is that it creates a precedent where every gang member, every criminal would try to evade deportation by claiming a fear of a rival gang in the home country. United States of America would become a Meccah, a safe haven for gang members from all over the world, as they would know that they can evade deportation. Clearly, the US government cannot do that.
  2. The second option is to keep illegal alien gang members in ICE detention. However, due to the fact that no country would take a gang member, he would end up in custody indefinitely, for life, which would be undesirable for the deportee and an enormous burden on taxpayers, who will have to foot the bill for indefinite incarceration.

Based on all of the above, the Department of homeland Security would be successful in obtaining a declaratory relief from a federal district court, particularly a USDC in Louisiana, where most deportees are held in ICE custody, stating that  a claim by a gang member that he should not be deported to his home country due to a fear of  a rival gang, is not a justifiable reason for not deporting to the home country, and the order by an immigration judge stating that a known gang member should be deported to a third country and not his home country, is an unenforceable order and the US government is relieved from an obligation of complying with an unenforceable order.

Respectfully,

Dr. Orly Taitz, ESQ

President of

Defend Our Freedoms Foundation

04. 17.2025

 

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