Sotomayor, J., dissenting What if the Government later determines that it sent one of these detainees to CECOT in error? Or a court eventu-ally decides that the President lacked authority under the Alien Enemies Act to declare that Tren de Aragua is perpe-trating or attempting an "invasion" against the territory of the United States? The Government takes the position that, even when it makes a mistake, it cannot retrieve indi-viduals from the Salvadoran prisons to which it has sent them. See Defendant's Memorandum of Law in Opposition in Abrego Garcia v. Noem, No. 25-cv-951. The implication of the Govern-ment's position is that not only noncitizens but also United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress if judicial review is denied unlawfully before re-moval. History is no stranger to such lawless regimes, but this Nation's system of laws is designed to prevent, not en-able, their rise.
https://files.sfba.social/media_attachments/files/114/300/785/020/039/753/original/95ee24529e3c9687.jpg