ALSO SEE: Trump Administration Contends It Has No Duty to Return Illegally Deported Man to US

What the Trump administration is saying is that they have the right to ship people they deem a threat to national security to a detention center in a foreign country of which they are not citizens, without benefit of a court hearing , in abeyance of US law and a standing Supreme Court order.

This goes way beyond the fate of Kilmar Abrego Garcia. The number of individuals spirited away to the El Salvador’s Terrorism Confinement Center (CECOT) is estimated to be in the range of 300 individuals. Every one transported illegally.

It is instructive that the US Supreme Court found as part of an earlier ruling in this case that individuals being deported are entitled to a hearing. That however merely reaffirms what is black-letter law immigration law.

In addition on Sunday Secretary of State Marco Rubio announced that an additional 10 individuals had been transferred to the CECOT facility in El Salvador. Which accounts for the estimated total of individuals shipped there rising to what appears to be approaching 300. Again none of whom had a hearing before a US court as stipulated by the Supreme Court’s order in this case.

Tom Homan Trump’s so-called border czar in a Sunday interview left no doubt that the Trump government has now literally made an informed decision to ignore the courts. When FoxNews host Lawrence Jones asked directly, “ You’re going against the judges now, what’s next?” Homan replied, “another flight.” Homan continued for emphasis, “I don't care what the judges think. I don't care what the left thinks. We're coming.” For the record Mr. Homan is not required by law to care what those he defines as “the left” think, but he is required to follow the law and the courts.

The case of Kilmar Abrego Garcia has now been sent back to United States district judge Paula Xinis for further review, with unique guidance. Effectively instructing Xinis to be mindful of the sovereign rights of El Salvador and the powers of the US presidency. All of which creates a heavy lift for justice and no clear path forward for Xinis.

Xinis is an excellent judge with an outstanding reputation, but this case as it relates to a presidential administration willfully ignoring and violating a Supreme Court order goes well beyond the scope of what a federal district judge can be expected to navigate.

Xinis would be better off just creating a very simple direct and unambiguous order directing that all individuals having been deported without benefit of a court hearing as ordered by the Supreme Court be returned to the United States. Charging the government directly with the responsibility of negotiating with Salvadorian authorities. Clearly the government continues to deport without court hearings per Rubio’s announcement and clearly they intend to continue doing so per Homan’s televised remarks.

The government is in blatant violation of the Supreme Courts ruling. The case belongs back in the Supreme Court not in the district court. There can be no doubt the Trump camp understands that they are acting in violation of the courts and they are determind to continue doing so.

Marc Ash is the founder and former Executive Director of Truthout, and is now founder and Editor of Reader Supported News.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.