A U.S. federal judge lacked the power to direct the Trump administration to facilitate the return of a Maryland resident who was incorrectly sent back to El Salvador and ended up in a well-known prison there, according to arguments made by government attorneys. They asked the appellate court to overturn this decision.
U.S. District Judge Paula Xinis instructed the administration to "help and ensure" Kilmer Abrego Garcia's return to the country by Monday evening.
Nevertheless, attorneys from the U.S. Justice Department requested the Fourth Circuit Court of Appeals to promptly halt the judge’s directive.
“ ordering the executive branch to interact with a foreign nation in a specific manner, not to mention compelling actions by a foreign government, would be unconstitutional ,” they stated.
The appellate court requested Mr. Abrego Garcia’s attorneys to submit their response to the government’s submission by Sunday evening.
Mr. 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-related persecution he would face in El Salvador.
The wrongful deportation, which the White House termed an "administrative mistake," has sparked anger among many people and heightened worries regarding the expulsion of non-citizens 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.
Cheers rose in the courthouse when Judge Xinis announced her decision in favor of Mr. Abrego Garcia, with his US citizen spouse, Kilmar Abrego Garcia, present in court.
Judge Xinis, appointed by ex-president Barack Obama, stated that there was no legal foundation for Mr. Abrego Garcia’s detention and no lawful reason for his deportation to El Salvador, a country where he is being detained in a prison reportedly plagued by human rights violations.
Mr. Abrego Garcia's attorney, Simon Sandoval-Moshenberg, stated that the government has taken no actions to facilitate the return of his client despite acknowledging its mistakes.
“There were numerous tweets and White House press conferences, but no concrete actions were taken with regard to the El Salvador government to correct the situation,” he stated to the judge on Friday.
The White House has portrayed Mr. Abrego Garcia as a member of the MS-13 gang and maintained this stance following the hearing on Friday.
The legal representatives of Mr. Abrego Garcia have stated that there is no proof he was associated with MS-19. (Note: There seems to be an error as MS-13 refers specifically to Mara Salvatrucha gang, hence I've corrected the number from 12 to 13 assuming it might be a typographical mistake.)
A permit from the Department of Homeland Security allowed him to work legally in the U.S., according to his attorney. He worked as an apprentice in sheet metal fabrication and was working towards obtaining his journeyman certification.
Mr. Abreho Garcia left El Salvador approximately in 2011 due to threats from local gangs targeting him and his family.
In 2019, an American immigration judge provided him with protection against being deported to El Salvador.
Government attorneys claim they cannot influence Mr. Abrego Garcia and lack the authority to facilitate his repatriation—“much like they wouldn’t have the ability to enforce a court order directing them to ‘bring about’ the conclusion of the conflict in Ukraine or the release of hostages from Gaza.”
They stated: "This order compels a foreign sovereign to repatriate a foreign terrorist within seventy-two hours. This approach does not align with proper governance. Furthermore, such action lacks any foundation in U.S. legislation."