Trump Admin Fights Court Order to Return Mistakenly Deported Man/ Newslooks/ WASHINGTOn/ J. Mansour/ Morning Edition/ The Trump administration argues a federal judge overstepped by ordering the return of a Maryland man mistakenly deported to El Salvador. The man, Kilmar Abrego Garcia, had been granted protection from deportation in 2019. His lawyers say the administration has taken no action to fix its error despite public admissions.
Deportation Dispute – Quick Looks
- Federal judge ordered the U.S. government to bring back Kilmar Abrego Garcia by Monday
- Trump administration claims court can’t force diplomatic actions or deals with foreign nations
- Garcia was deported to a notorious El Salvador prison despite legal protection from removal
- Government calls deportation an ‘administrative error’, but insists judge lacks authority
- White House maintains Garcia is linked to MS-13, though lawyers say there’s no evidence
- Abrego Garcia had DHS work authorization, lived in Maryland, and was training in sheet metal
- Public outrage follows, with courtroom cheers after judge rules in favor of Garcia
- Appeals court asked to intervene, with government filing emergency request to pause order
Trump Admin Fights Court Order to Return Mistakenly Deported Man
Deep Look
WASHINGTON — The Trump administration is pushing back against a federal judge’s ruling that demands the return of a 29-year-old Maryland man mistakenly deported to El Salvador, arguing that the judicial branch lacks the constitutional power to direct foreign diplomacy.
On Friday, U.S. District Judge Paula Xinis ordered the administration to “facilitate and effectuate” Kilmar Abrego Garcia’s return by Monday night, after finding no legal basis for his deportation. But on Saturday, Justice Department attorneys asked the 4th U.S. Circuit Court of Appeals to suspend the order immediately, saying it sets a dangerous precedent.
“A judicial order that forces the Executive to engage with a foreign power in a certain way… is constitutionally intolerable,” the DOJ filing stated.
Abrego Garcia was deported last month despite a 2019 ruling by an immigration judge that granted him protection from removal due to threats from gangs in El Salvador. His attorneys say he’s now being held in a notorious prison with documented human rights violations.
A Mistaken Deportation, an Ongoing Detention
The Department of Homeland Security has admitted the deportation was an “administrative error,” but Garcia’s lawyers argue no steps have been taken to correct it. The government’s failure to act, they say, leaves him at grave risk.
“Plenty of tweets. Plenty of White House press conferences. But no actual steps taken with the government of El Salvador,” said Simon Sandoval-Moshenberg, Garcia’s attorney.
The courtroom erupted in cheers Friday when Judge Xinis sided with Garcia, who is married to a U.S. citizen. The judge was particularly critical of the government’s failure to justify either his deportation or current detention.
“There is no legal justification for his removal,” Xinis said.
MS-13 Accusation and Pushback
The Trump White House continues to claim that Garcia is a member of MS-13, using the case to support its broader crackdown on gangs. But Garcia’s legal team disputes the claim, saying there is no documented link to the gang and that the accusation appears politically motivated.
Garcia, who fled El Salvador in 2011 due to gang threats, had been working in the U.S. legally under DHS authorization. He was a sheet metal apprentice pursuing a journeyman license and had no criminal record, according to his attorney.
DOJ: Courts Can’t Mandate Foreign Policy
In their emergency appeal, DOJ lawyers said the judiciary has no legal authority to compel the executive branch to broker deals with a foreign government, likening the judge’s order to one demanding the “end of the war in Ukraine” or the “return of hostages from Gaza.”
“It is an injunction to force a foreign sovereign to send back a foreign terrorist within three days’ time,” the DOJ wrote. “That is no way to run a government. And it has no basis in American law.”
The appeals court has asked Garcia’s legal team to respond by Sunday afternoon.
You must Register or Login to post a comment.