Trump administration argues judge can't order return of man mistakenly deported to El Salvador
Share and Follow


WASHINGTON (AP) — A federal judge didn’t have the authority to order the Trump administration to broker the return of a Maryland man who was mistakenly deported from the U.S. to a notorious El Salvador prison, government attorneys argued Saturday as they urged an appeals court to suspend the ruling.

U.S. District Judge Paula Xinis on Friday ordered the administration to “facilitate and effectuate” Kilmar Abrego Garcia’s return to the U.S. by late Monday night. Justice Department lawyers asked the 4th U.S. Circuit Court of Appeals to immediately pause the judge’s order.

“A judicial order that forces the Executive to engage with a foreign power in a certain way, let alone compel a certain action by a foreign sovereign, is constitutionally intolerable,” they wrote.

The appeals court asked Abrego Garcia’s lawyers to respond to the government’s filing by Sunday afternoon.

Abrego Garcia, a 29-year-old Salvadoran national, was arrested in Maryland and deported last month despite an immigration judge’s 2019 ruling that shielded him from deportation to El Salvador, where he faced likely persecution by local gangs.

His mistaken deportation, described by the White House as an “administrative error,” has outraged many and raised concerns about expelling noncitizens who were granted permission to be in the U.S.

Dozens of supporters gathered at the Greenbelt, Maryland, federal courthouse for Friday’s hearing. A cheer erupted in the courtroom when Xinis ruled in favor of Abrego Garcia, whose wife, a U.S. citizen, was in attendance.

Xinis, who was nominated by President Barack Obama, said there was no legal basis for Abrego Garcia’s detention and no legal justification for his removal to El Salvador, where he has been held in a prison that observers say is rife with human rights abuses.

Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said the government has done nothing to get his client back, even after admitting its errors.

“Plenty of tweets. Plenty of White House press conferences. But no actual steps taken with the government of El Salvador to make it right,” he told the judge on Friday.

The White House has cast Abrego Garcia as an MS-13 gang member and doubled down on that claim after Friday’s hearing. Abrego Garcia’s attorneys have countered that there is no evidence he was in MS-13.

Abrego Garcia had a permit from DHS to legally work in the U.S., his attorney said. He served as a sheet metal apprentice and was pursuing his journeyman license.

Abreho Garcia fled El Salvador around 2011 because he and his family were facing threats by local gangs. In 2019, a U.S. immigration judge granted him protection from deportation to El Salvador.

Government lawyers say they have no control over Abrego Garcia and no authority to arrange for his return — “any more than they would have the power to follow a court order commanding them to ‘effectuate’ the end of the war in Ukraine, or a return of the hostages from Gaza.”

“It is an injunction to force a foreign sovereign to send back a foreign terrorist within three days’ time. That is no way to run a government. And it has no basis in American law,” they wrote.

Share and Follow
You May Also Like
MAGA's darkest hour: MTG's revolt rips open Trump's rawest wound

MTG’s Defiance: How Her Boldest Move Exposed Trump’s Vulnerability

The dramatic fallout between Donald Trump and Marjorie Taylor Greene has sent…
Sam LaPorta lands on IR in Lions injury blow

Sam LaPorta Placed on Injured Reserve, Delivering a Setback for the Lions

Jared Goff will have to navigate the next stretch of games without…
'I'm worried': Durkeeville resident voices concerns amid Emerald Trail updates

Durkeeville Resident Expresses Concerns Over Emerald Trail Developments

Residents from North Riverside to Durkeeville came together on Saturday to see…
US seeks UN authorization for Gaza international force lasting through 2027 under Trump plan

US Proposes UN-Backed International Force for Gaza Until 2027 as Part of Trump Initiative

The United States has presented its proposal for Gaza to the United…
Costco early shopping perk takes effect Monday. Here's what to know.

Unmasking the Truth: Costco Hit with Lawsuit Over Alleged Kirkland Tequila Deception

A recent class-action lawsuit has been filed against Costco Wholesale Corporation, accusing…
US appeals court upholds hate crime convictions of 3 white men in 2020 killing of Ahmaud Arbery

US Appeals Court Confirms Hate Crime Convictions in Ahmaud Arbery’s 2020 Murder

A federal appeals court has firmly upheld the hate crime convictions of…
Eduardo Flores-Ruiz, man allegedly helped by Milwaukee judge Hannah Dugan, is deported, Department of Homeland Security says

Milwaukee Judge Allegedly Aided Man Before Deportation, Says Homeland Security

An immigrant recently deported by U.S. authorities had previously been arrested after…
State Department warns Americans in Japan as deadly bear attacks kill 13 people since April: 'Be diligent'

Urgent Travel Advisory: U.S. State Department Issues Warning on Rising Bear Attacks in Japan

The U.S. State Department has issued a cautionary notice to its citizens…