In a recent legal development, the U.S. Justice Department has challenged a court mandate concerning a mistakenly deported Maryland man, arguing that a federal judge lacked the authority to direct the Trump administration to secure his return. The man, Kilmar Abrego Garcia, was erroneously deported to a well-known El Salvador prison, leading to suspension for a government lawyer who admitted the mistake in court.
The Justice Department petitioned the 4th U.S. Circuit Court of Appeals to halt U.S. District Judge Paula Xinis’ order, which demanded the return of Abrego Garcia to the U.S. by the following Monday night. The department’s attorneys asserted that forcing the Executive Branch to engage with foreign nations in specific ways is constitutionally problematic.
In response, the appeals court has requested a counter-argument from Abrego Garcia’s legal team by Sunday afternoon. Abrego Garcia, who is 29 years old and of Salvadoran nationality, was deported despite having been granted protection from deportation by an immigration judge in 2019 due to threats from local gangs in El Salvador.
A White House official has classified this deportation as an “administrative error,” sparking widespread concern over the deportation of noncitizens who have been permitted to reside in the U.S. During a recent legal proceeding held in Greenbelt, Maryland, Justice Department lawyer Erez Reuveni acknowledged that Abrego Garcia should not have been deported but could not specify the legal grounds for his arrest.
By the weekend, Reuveni was placed on administrative leave by the Justice Department, and his name was noticeably absent from the recent filing with the appeals court. Attorney General Pam Bondi emphasized the expectation that all department attorneys must advocate diligently on behalf of the United States, warning that failure to do so would lead to repercussions.
Judge Xinis, who was appointed during President Barack Obama’s administration, concluded that there was no legal justification for Abrego Garcia’s detention or his subsequent removal to the Salvadoran prison, known for severe human rights violations. Simon Sandoval-Moshenberg, representing Abrego Garcia, expressed frustration over the government’s inaction despite acknowledging their mistake.
Discussion surrounding Abrego Garcia intensifies as the White House continues to label him an MS-13 gang member, despite his legal team arguing the lack of evidence supporting such claims. Abrego Garcia had been legally residing in the U.S. with a work permit and was advancing his career as a sheet metal apprentice. His wife is a U.S. citizen, further underscoring his ties to the country.
Having fled El Salvador in 2011 under the threat of gang violence, Abrego Garcia successfully sought protection in the U.S. in 2019. However, government attorneys argue their inability to comply with the court’s order to secure his return, likening the request to an unfounded demand for intervention in international conflicts.
“The demand to compel a foreign nation to act swiftly within a specified timeframe is beyond American legal parameters,” they assert.