Cnn
–
President Donald Trump’s administration urged the Supreme Court on Monday to block an order from the lower court forcing officials to bring back a man who was wrongly expelled to El Salvador to Maryland.
The emergency call on Kilmar Armando Abrego Garcia, a national Salvadoran, landed at the High Court a few hours before the 23:59 deadline established by a judge of the Lower Court to return it to the United States.
Trump’s lawyers have conceded in the court documents that the administration wrongly expelled the father of three of three “due to an administrative error”, but said that it could not bring him back because he is in police custody. His case added to an already considerable legal examination on the efforts of the White House to expel immigrants without hearing or examination.
The Ministry of Justice said that the Supreme Court ordering officials to return the man was “unprecedented” because he now seemed familiar by arguing that the federal courts exceed their power.
“Even in the midst of a deluge of illegal injunctions, this order is remarkable,” recently confirmed the solicitor General D. John Sauer at the Supreme Court in the file. “The Constitution accuses the president, not the courts of federal district, with the conduct of foreign diplomacy and the protection of the nation against foreign terrorists, in particular by carrying out their referral.”
“While the United States conceded that the return to Salvador was an administrative error … which does not acquire the district courts to take control of foreign relations, treat executive power as a subordinate diplomat and demand that the United States leave a member of a foreign terrorist organization in America this evening,” added Sauer.
Abrego Garcia was illegally in the country, but an immigration judge in 2019 – after examining the evidence – retained his dismissal. This meant that Greo Garcia could not be expelled to El Salvador. A gang of his native country, according to the immigration judge, “targeted him and threatened him with death because of the affairs of his family pupusa”.
During the following six years, according to the judicial archives, Abrego Garcia lived in Maryland, registered with immigration officials each year and has never been accused of a crime.
But Abrego Garcia found himself on one of the three planes for a notorious prison in Salvador on March 15. Several of the persons responsible for these planes were expelled by the invocation by Trump of the law on extraterrestrial enemies of 1798 – an invocation which aroused its own legal challenge pending the Supreme Court. But Abrego Garcia, said the administration, was expelled by the various authorities.
On Friday, the American district judge Paula Xinis explained in an opinion why she had ordered the government to return Abrego Garcia at 11:59 p.m. on Monday.
Officials of the White House publicly agreed with the judge’s ordinance and claim that they do not have the capacity to return Abrego Garcia to the United States.
“The Marxist judge now thinks that she is president of Salvador,” Trump advisor Stephen Miller said on Friday.
But under oath, the Ministry of Justice was much less clear on the abolition. Pressed by Xinis last week to find out why the United States could not return Abrego Garcia, the lawyer of the Doj, Erez Reuveni, said he had no response.
“The first thing I did when I got this business on my desk is to ask my customers the same question,” replied Rebeni.
The Ministry of Justice has since placed Reuven and its supervisor on leave.
The request to the Supreme Court occurred a few minutes before a decision of the 4th Circuit Court of American Appeals rejecting the Doj’s request to raise the order of the lower land.
The panel rejecting the appeal was: judge Stephanie Thacker, appointed by former president Barack Obama, judge Harvie Wilkinson III, appointed from former president Ronald Reagan and judge Robert King, appointed former president Bill Clinton.
Abrego Garcia’s wife Jennifer Stefania Vasquez Sura, said the appeal decision gave him “hope” and “encouragement”.
“This decision gives me hope, and even more encouragement to continue to fight,” she said. “My children, my family and I will continue to pray and seek justice. Now that the court has spoken, I again ask that President Trump and President Bukele stop trying any other delays. They must follow the court order now. My children are waiting to be gathered with their father this evening. ”
Thacker wrote in scathing competition explaining his reasoning that “the American government does not have the legal power to tear a person who is legally present in the United States outside the street and withdraw from the country without regular procedure.”
“The statement of the government differently, and its argument that the federal courts are powerless to intervene, are inadmissible,” she wrote, adding later that “the irreparable damage in this case is the damage to Abrego Garcia every minute that he is in Salvador.”
“And the public interest undoubtedly promotes the government to facilitate and return to the United States,” she added.
In solo competition explaining his reasoning, Wilkinson said he thought he was “legitimate for the district court to demand that the government” facilitates “the applicant’s return to the United States so that he can affirm the rights that all apparently agree under the law. »»
“There is no doubt that the government has messed up here,” he continued. “Thus, the government here has taken the only action that has been expressly prohibited.”
But Wilkinson said he read Xinis’ order “as a demanding that the government facilitates the release of Abrego Garcia, rather than demanding it.” He said that reading it as a requirement for the administration “would be an intrusion into the basic executive powers which goes too far”.
Priscilla Alvarez of CNN contributed to this report.
This story has been updated with additional developments.