A federal judge lacked the power to direct the Trump administration to facilitate the return of a Maryland resident who was wrongly sent back to a well-known prison in El Salvador, according to arguments made by government lawyers. 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 halt the judge's directive right away.
"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 representatives 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.
The wrongful deportation, which the White House termed an "administrative mistake," has sparked anger among many people and heightened worries regarding the removal of noncitizens who had been permitted to stay 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 spouse—a U.S. citizen—present in court, cheers filled the room.
Xinis, who was nominated by President Obama, said there was no legal basis for Abrego Garcia’s detention and no legal justification for his removal to El Salvador, where he has been held in a prison that observers say is rife with human rights abuses.
On Friday’s hearing, Attorney Erez Reuveni from the Justice Department admitted to Judge Xinis that removing Abrego Garcia from the U.S. or deporting him to El Salvador would be inappropriate. When pressed by the judge, Reuveni couldn’t specify the legal basis for his arrest in Maryland.
"I'm equally annoyed because I can't provide you with many answers to these questions," he stated.
Reuveni’s name did not appear in the court documents from Saturday. A representative from the department verified that he has been put on leave.
"As instructed, all attorneys at the Department of Justice must vigorously represent the interests of the United States. Attorneys who do not comply with this directive will encounter repercussions," stated Atty. Gen. Pam Bondi in a press release.
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 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 cast Abrego Garcia as an MS-13 gang member and reiterated that claim after Friday’s hearing. Abrego Garcia’s attorneys contend that there is no evidence he was in MS-13.
Garcia Abrego possessed a permit issued by the Department of Homeland Security allowing him to lawfully work within the U.S., according to his lawyer. As he worked towards obtaining his journeyman license, he held an apprenticeship position in sheet metalwork.
In 2011, Abrego Garcia left El Salvador due to threats from local gangs targeting him and his family. By 2019, a U.S. immigration judge had 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. They argue this situation is comparable to their inability to enforce a court order directing them to conclude the war in Ukraine or secure the release of hostages from Gaza.
"It orders a foreign sovereign to return a foreign terrorist within three days, which is not how governance should be conducted. Furthermore, this lacks any foundation in U.S. law," they stated.
Kunzelman is a writer for the Associated Press. AP contributors Alanna Durkin and Richer also worked on this report.
This tale initially surfaced in Los Angeles Times .
