The Trump administration has turned to the Supreme Court to prevent the return of a man who was deported to El Salvador. This situation involves Kilmar Abrego Garcia, who a federal judge in Maryland ordered to be brought back to the U.S. by Monday night. The appeals court supported this ruling.
Garcia was deported back on March 15, with the government claiming it was due to an "administrative error". They also allege he is linked to the MS-13 gang, but his lawyer strongly disagrees with that claim.
In their emergency request to the Supreme Court, the administration argued that the federal judge overstepped her authority. They insisted that the U.S. cannot order El Salvador to return Garcia. U.S. Solicitor General D. John Sauer emphasized that the U.S. does not control foreign countries’ actions.
Garcia entered the U.S. illegally as a teenager, and a judge provided him with protection from deportation in 2019. His wife, Jennifer Vasquez Sura, is a U.S. citizen and is advocating for his return.
Garcia’s attorney, Simon Sandoval-Moshenberg, condemned the deportation, calling it a forced expulsion. Recently, Judge Paula Xinis questioned the government’s decision during a court hearing. The government admitted that removing Garcia shouldn’t have happened.
In a twist to the story, U.S. Attorney General Pam Bondi announced that the government lawyer, Erez Reuveni, was placed on administrative leave. This came after Judge Xinis ruled that the government had acted unlawfully and had no legal basis for holding Garcia.
The case has progressed to a Maryland appeals court, which rejected the Trump administration’s plea to delay Judge Xinis’ order. Now, the Supreme Court must decide what happens next, just hours before the deadline to bring Garcia back. The administration has criticized this deadline as "unreasonable" and is requesting at least a temporary halt to the judge’s order.
This case raises significant questions about immigration law and executive power. It’s also a reminder of the complexities surrounding deportations and the rights of individuals who face removal from the U.S. In 2021, the American Civil Liberties Union (ACLU) revealed that nearly 70% of deportees faced removal without proper legal advice or representation. This case may be a pivotal moment in broader discussions about immigrant rights and judicial authority.
For more background on U.S. immigration policies and their implications, you can read the American Immigration Council’s report.
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