On Thursday, the Supreme Court asked the government to take measures to return a Salvadoral migrant that he had been wrongly deported to a notorious prison in Salvador.
In an unsigned order, the court approved part of the ordinance of a trial judge who had forced the government to “facilitate and make the return” of the migrant, Kilmar Armando Abrego Garcia.
“The ordinance correctly obliges the government to” facilitate “the release of Abrego Garcia de la Garde in Salvador and to ensure that his case is treated as it would have been if he had not been sent badly to Salvador,” said the Supreme Court decision. “The planned scope of the term” actually “in the order of the district court is however unclear and may exceed the authority of the district court.”
“The district court should clarify its directive, with respect duly the deference of executive power in the conduct of foreign affairs,” continued the decision of the Supreme Court. “For its part, the government should be ready to share what it can concern the measures it has taken and the prospect of new measures.”
Judge Paula Xinis of the Maryland Federal District Court said that the Trump administration had made a “serious error” which “shocked conscience” by sending Mr. Abrego Garcia to El Salvador despite a 2019 decision of an immigration judge. The immigration judge granted him a special status known as “reservoir of the abduction”, concluding that he could face violence or torture if he was sent to Salvador.
The administration maintains that Mr. Abrego Garcia, 29, is a member of a violent transnational street gang, MS-13, which those responsible recently appointed as a terrorist organization.
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