Trump Admin Says U.S. Can't Force Return of Man Wrongly Deported to El Salvador

WASHINGTON - A federal judge lacked the power to direct the Trump administration to facilitate the return of a Maryland resident who was incorrectly sent back to a well-known El Salvador jail, according to arguments made by government lawyers on Saturday. They asked the appellate court to overturn this decision.

On Friday, U.S. District Judge Paula Xinis instructed the administration to ensure that Kilmar Abrego Garcia returns to the U.S. by midnight on Monday.

At 2 a.m. on Saturday, Justice Department attorneys requested that the 4th U.S. Circuit Court of Appeals promptly halt the judge’s directive.

"As a judicial directive compelling the Executive branch to interact with a foreign nation in a specific manner, not to mention mandating actions by a foreign government, would be unconstitutional and unacceptable," they stated.

The appellate court requested Abrego Garcia’s attorneys to submit their response to the government’s submission by Sunday evening.

See the full court documents below.

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Abrego Garcia, a 29-year-old citizen of El Salvador, was detained 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.

The wrongful deportation, which the White House termed an "administrative mistake," has sparked outrage among many and heightened worries regarding the expulsion of noncitizens who had been permitted 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 been imprisoned in a facility known for widespread human rights violations according to many observers.

Simon Sandoval-Moshenberg, Abrego Garcia’s lawyer, stated that the government hasn't taken any steps to return his client, despite acknowledging its mistakes.

"There were numerous tweets and many White House press conferences, but no concrete actions were taken regarding the government of El Salvador to set things right," he stated to the judge on Friday.

Last week, Abrego Garcia’s spouse attended a gathering with many supporters who called for his swift return.

Jennifer Vasquez Sura, an American citizen, has not communicated with Abrego Garcia since he was airlifted back to his home country of El Salvador last month and subsequently incarcerated. She appealed to her followers to continue advocating for her spouse as well as for every other individual like those from Kilmarnock whose narratives remain untold.

"To all the wives, mothers, children who also face this cruel separation, I stand with you in this bond of pain," she said during the rally at a community center in Hyattsville, Maryland. "It’s a journey that no one ever should ever have to suffer, a nightmare that feels endless."

The White House has portrayed Abrego Garcia as an MS-13 gang member and reaffirmed this stance following Friday’s hearing. However, his lawyers argue that there is no proof he belonged to MS-13.

Abrego Garcia 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 escaped from El Salvador circa 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 have the authority to enforce a court order instructing them to 'bring about' the conclusion of the conflict in Ukraine, or the release of captives from Gaza.”

"This order mandates 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 any foundation in U.S. legal principles," they stated.