Supreme Court Orders Trump Administration to Return to Men by Mistake, Deporting Her Man Back to El Salvador
The U.S. Supreme Court said Thursday that the Trump administration must promote the return of a Maryland man who was wrongly deported to El Salvador, rejecting the administration's emergency appeal.
The court took action in the case of Salvadorian citizen Kilmar Abrego Garcia, whose immigration court order prevented him from expelling from his homeland for fear of persecution by local gangs.
U.S. District Court Judge Paula Xinis ordered Abrego Garcia to be held in the infamous El Salvador prison by midnight on Monday.
When Chief Justice John Roberts delayed the deadline for the newcomer, the court upheld the order to return by Albrego Garcia.
“The order normally requires the government to 'promote' the release of Abrego Garcia from El Salvador detention and ensure that his case is handled because if he was not improperly sent to El Salvador, that would have been done.”
The judges said that as Abrego Garcia was held abroad, her order must be clarified to ensure it does not invade the executive powers on foreign affairs. The Trump administration should also be prepared to share the steps to try to bring him back and what it can do, the court said.
The government claims that Abrego Garcia is a member of the MS-13 gang, although he has never been charged with a crime. His lawyer said there was no evidence that he was in MS-13.
The government admitted that it had made a mistake to send him to El Salvador, but thought it could no longer do anything.
The liberal judge of the court said the government should hurry to correct “its serious mistakes” and “apparently it was wrong” to show that it could not take him home.
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Garcia's detention “looks totally impossible”: judge
Sinis wrote in the District Court that the decision to arrest Abreg Garcia and send him to El Salvador seemed to be “absolutely lawless.” Sinis wrote that there is little evidence to support the “ambiguous, disease-free” allegation that Kilma Abreg Garcia once was in the MS-13 street gang.
Abrego Garcia, 29, was detained by immigration agents and was deported last month.
His attorney said he received a license to work legally in the U.S. for the Department of Homeland Security and was a metal apprentice who pursues a traveler license. His wife is an American citizen.
In 2019, an immigration judge banned the U.S. from deporting Abrego Garcia to El Salvador and found that he could face persecution from local gangs.
Attorneys from the Justice Department acknowledged at a court hearing that Abrego Garcia should not be deported. Attorney General Pam Bondi later removed lawyer Erez Reuveni and took him on leave.
