Trump admin argues judge can't order return of man 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
President Trump says Coca-Cola will change its recipe

Trump Claims Coca-Cola Plans to Alter Its Formula

() President Donald Trump said Wednesday that Coca-Cola will be changing its…
Feds interrupt drug deal, seize 40,000 fentanyl pills

Federal Agents Disrupt Drug Operation, Confiscate 40,000 Fentanyl Pills

EL PASO, Texas (Border Report) – Two men who allegedly tried to…
Prince Harry recreates Princess Diana's historic minefield walk in Angola

Prince Harry Retraces Princess Diana’s Iconic Angola Minefield Journey

Prince Harry honored his late mother, Princess Diana, by recreating his mother’s…
Joy Reid goes to WAR with Piers Morgan after 'disastrous' interview

Joy Reid Engages in Heated Exchange with Piers Morgan Following ‘Disastrous’ Interview

Joy Reid and Piers Morgan have launched preemptive strikes ahead of the release…
Noem takes heat on Texas amid doubts over FEMA flood response

Criticism Grows for Noem’s Handling of Texas as Questions Arise About FEMA’s Flood Recovery Efforts

(The Hill) Secretary of Homeland Security Kristi Noem is under fire amid…
ICE mask debate heats up as doxxing and agent assaults surge

ICE mask debate heats up as doxxing and agent assaults surge

NEWYou can now listen to Fox News articles! The growing national debate…
El Salvador man caught by FBI, ICE one year after allegedly causing deadly crash

El Salvador Man Apprehended by FBI and ICE One Year After Fatal Crash

INDIANAPOLIS An El Salvador citizen who was unlawfully in the United States,…
Luigi Mangione's lawyers claim DA used fake court date, bogus subpoena to get his medical records

Luigi Mangione’s lawyers claim DA used fake court date, bogus subpoena to get his medical records

NEWYou can now listen to Fox News articles! Attorneys for Luigi Mangione…