Trump admin. concedes Maryland man from El Salvador was mistakenly deported/sent to mega prison - shrugs 'nothing can be done' [ETA: oh but it can!]

[wing2000]

In response, [White House Press Sec] Leavitt slammed the ruling and denied the judge had any legal basis for issuing it.

“We are unaware of the judge having jurisdiction or authority over the country of El Salvador,” Leavitt said in a statement.

White House adviser Stephen Miller mocked [Judge] Xinis on X, stating that she “thinks she’s the president of El Salvador.”

--

Those who said Trump would bring back deportees if it was found their deportation was illegal... are you sticking with that story?

The Trump administration asked the Supreme Court on Monday to block a trial judge’s order directing the United States to return a Salvadoran migrant it had inadvertently deported.

In the administration’s emergency application, D. John Sauer, the U.S. solicitor general, said Judge Xinis had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure his release.

“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”

Trump Asks Supreme Court to Block Order Requiring Return of Wrongly Deported Migrant

The government said Judge Paula Xinis, who ordered that the administration return the migrant, Kilmar Armando Abrego Garcia, by Monday, had engaged in “district-court diplomacy.”

www.nytimes.com

 

[RocksInMyHead]

“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”

Only if it was determined that they had been deported illegally. Which wouldn't be an issue if the administration followed proper deportation procedure and made sure everyone had a deportation hearing before being deported.

 

[essentialsaltes]

because it would require working with the government of El Salvador to secure his release.

They worked with the government of El Salvador to secure his incarceration.

 

[Goonie]

They worked with the government of El Salvador to secure his incarceration.

Yes but can courts demand a govt negotiate with a foreign govt for his release? That I suspect will be judged political and so not part of their jurisdiction.

 

[essentialsaltes]

Federal appeals court won't put a hold on a judge's order to return a man mistakenly deported to El Salvador​

The decision from the 4th Circuit Court of Appeals comes just hours before the administration faces an 11:59 p.m. deadline to return Kilmar Armando Abrego Garcia, a Salvadoran national, to the US.

[the Administration has also asked SCOTUS to weigh in.]

 

[Yarddog]

I know some contended that the Trump Administration would surely undo things if it were found to be illegal or in error, and others that sending 'TdA' to El Salvador was an invincible PR coup for the president.

Trump administration concedes Maryland father from El Salvador was mistakenly deported and sent to mega prison​

The Trump administration conceded in a court filing Monday that it mistakenly deported a Maryland father to El Salvador “because of an administrative error” and argued it could not return him because he’s now in Salvadoran custody.

The filing stems from a lawsuit over the removal of Kilmar Armando Abrego Garcia, a Salvadoran national who in 2019 was granted protected status by an immigration judge, prohibiting the federal government from sending him to El Salvador.

The filing, first reported by The Atlantic, appears to mark the first time the administration has admitted an error related to its recent deportation flights to El Salvador, which are now at the center of a fraught legal battle.

“On March 15, although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error,” the Trump administration filing states.

The really bad part is an immigration judge told Trump's DOJ, back in 2019, that Garcia had qualified for protective status.

 

[Yarddog]

Yes but can courts demand a govt negotiate with a foreign govt for his release? That I suspect will be judged political and so not part of their jurisdiction.

Nah, this is their jurisdiction. They ruled on Garcia's protected status back in 2019. This is a blatantly illegal deportation of a protected immigrant.

 

[Oompa Loompa]

Nah, this is their jurisdiction. They ruled on Garcia's protected status back in 2019. This is a blatantly illegal deportation of a protected immigrant.

Looks like deportations are back on the menu boys!

 

[Yarddog]

Looks like deportations are back on the menu boys!

Not really. It's just a stay to give people to subject briefs to Roberts.

 

[Aryeh Jay]

Nobody has been raped, robbed, or died of illegal drugs in Grovers Corner since this dangerous criminal was deported. Connection?

 

[GoldenBoy89]

Nobody has been raped, robbed, or died of illegal drugs in Grovers Corner since this dangerous criminal was deported. Connection?

The Bear Patrol seems to be doing its job.

 

[wing2000]

The Supreme Court on Thursday instructed the government to take steps to return a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.
In an unsigned order, the court stopped short of ordering the return of the migrant, Kilmar Armando Abrego Garcia, indicating that courts may not have the power to require the executive branch to do so.
But the court endorsed part of a trial judge’s order that had required the government to “facilitate and effectuate the return” of Mr. Abrego Garcia.
“The order properly requires the government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” the Supreme Court’s ruling said. “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”

The case will now return to the trial court, and it is not clear whether and when Mr. Abrego Garcia will be returned to the United States.

Supreme Court Sides With Wrongly Deported Migrant

A trial judge had ordered the Trump administration to take steps to return the migrant, Kilmar Armando Abrego Garcia, from a notorious prison in El Salvador.

www.nytimes.com

 

[Gene2memE]

The Supreme Court ruling is scathing. This is a judicial slap down of the first order.

The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal. ​

...​

To this day, the Government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison. Nor could it. The Government remains bound by an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador...The Government has not challenged the validity of that order.​

​

Instead of hastening to correct its egregious error, the Government dismissed it as an “oversight.”... The Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.​

​

The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong.​

...​

The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene... That view refutes itself.​

...​

...the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with “due process of law,” including notice and an opportunity to be heard, in any future proceedings. ... It must also comply with its obligations under the Convention Against Torture. ... Federal law governing detention and removal of immigrants continues, of course, to be binding as well.​

...​

In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law.​

https://s3.documentcloud.org/documents/25894464/24a949-order.pdf

To Bowdlerize it, the Supreme Court is telling the Government:

What you did is super illegal. You ignored the fundamentals of due process, broke a bunch of US laws AND violated prior judicial rulings. You have no defense, and you know it. Your excuse is legally self refuting as it ignores the basic legal principle of judicial review. Stop breaking the law, bring this guy home.

 

[loveofourlord]

talk about your liberal activist judges, they should be impeached

 

[essentialsaltes]

Judge says Friday hearing in case of mistakenly deported Maryland man will proceed​

Judge Xinis had also ordered the Trump administration to file, by 9:30 a.m. ET Friday, a supplemental declaration from an individual with personal knowledge acknowledging the current physical location of Abrego Garcia and what steps the administration will take to facilitate his immediate return.

Attorneys for DOJ requested the deadline for the supplemental declaration be moved to next week, but in her filing the judge moved the deadline back by only two hours.

The Supreme Court said ... "the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps."

 

[loveofourlord]

at this point it's just pure evil, all they have to do is show that, they tried to get the guy back but the el salvador leader refused or something, if it's really impossible it shouldn't be hard to do.

 

[Nithavela]

at this point it's just pure evil, all they have to do is show that, they tried to get the guy back but the el salvador leader refused or something, if it's really impossible it shouldn't be hard to do.

As if they would refuse. It would literally only cost a phone call and a plane ticket.

But then they'd likely get sued by that man for wrongful imprisonment or worse. That's where the real costs would lie.

 

[loveofourlord]

As if they would refuse. It would literally only cost a phone call and a plane ticket.

But then they'd likely get sued by that man for wrongful imprisonment or worse. That's where the real costs would lie.

except the family can and with the court ordering him back, they likely get more damages refusing to return.

 

[Oompa Loompa]

It appears that Trump wins again.

 

[essentialsaltes]

Trump administration won't say where man mistakenly deported to El Salvador is​

The Trump administration is declining today to tell a federal judge the whereabouts or status of Kilmar Abrego Garcia, the man mistakenly deported to El Salvador last month despite a court order.

“I am asking a very simple question: Where is he?” US District Judge Paula Xinis said at the start of a hearing in Greenbelt, Maryland.

Department of Justice attorney Drew Ensign said he did not have the answer. “I do not have that information provided to me.”