WASHINGTON (AP) — A federal judge lacked the power to direct the Trump administration to facilitate the return of a man from Maryland. mistakenly deported From the U.S. to a well-known El Salvador prison , government attorneys argued Saturday as they asked an appellate court to halt the ruling .
On Friday, U.S. District Judge Paula Xinis instructed the administration to "help and ensure" Kilmar Abrego Garcia’s return to the U.S. by late Monday evening. Attorneys from the Justice Department have requested that the 4th U.S. Circuit Court of Appeals temporarily halt the judge's directive.
"A court directive compelling the Executive branch to interact with a foreign nation in a specific manner, not to mention mandating particular actions by a foreign government, would be unconstitutional," they stated.
The appellate court requested Abrego Garcia's legal team to reply to the government's submission by Sunday evening.
Abrego Garcia, a 29-year-old citizen of El Salvador, was apprehended in Maryland and sent back to his home country last month even though an immigration judge had ruled in 2019 not to deport him due to potential gang persecution he would face in El Salvador.
His erroneous deportation, which the White House characterized as an “administrative error,” has outraged many and expressed worries regarding the deportation of individuals who are not citizens Who received approval to remain in the U.S.?
Many supporters assembled at the federal courthouse in Greenbelt, Maryland, for the hearing on Friday. When Judge Xinis sided with Abrego Garcia, who had his U.S. citizen spouse present in court, cheers filled the room.
Xinis, appointed by President Barack Obama, stated that there was no lawful grounds for Abrego Garcia’s detainment and no legitimate reason for his deportation to El Salvador, a country where he has reportedly been confined in a facility marred by numerous human rights violations.
Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, stated that the government hasn't taken any steps to return his client, despite acknowledging its mistakes.
“There were numerous tweets and White House press conferences, but no concrete actions were taken regarding the government of El Salvador to correct the situation,” he stated to the judge on Friday.
The White House has portrayed Abrego Garcia as an MS-13 gang member And reaffirmed that stance following the hearing on Friday. Attorneys representing Abrego Garcia have argued that there is no proof he was associated with MS-13.
Garcia Abrego possessed a permit issued by the Department of Homeland Security allowing him to lawfully work in the U.S., according to his lawyer. He worked as an apprentice in sheet metal fabrication and was concurrently working towards obtaining his journeyman certification.
Abreho Garcia left El Salvador in approximately 2011 due to threats posed by local gangs against him and his family. In 2019, a U.S. immigration judge provided him with protection against being deported back to El Salvador.
Government attorneys claim they lack jurisdiction over Abrego Garcia and do not have the ability to facilitate his return — "much like they wouldn’t be able to enforce a court order instructing them to ‘bring about’ the conclusion of the conflict in Ukraine, or the release of hostages held in Gaza."
"It is an order compelling a foreign sovereign to return a foreign terrorist within a span of three days. This approach does not align with proper governance. Furthermore, such action lacks legal foundation under American law," they penned.