SCOTUS puts hold on order that deported Maryland man must be returned
Category: News & Politics
Via: vic-eldred • 2 weeks ago • 4 commentsBy: Michael Collins, Eduardo Cuevas and Nick Penzenstadler (USA TODAY)
S E E D E D C O N T E N T
Supreme Court Chief Justice John Roberts has temporarily placed on hold a judge's order that the Trump administration must bring back to the United States a Maryland father it had mistakenly deported to El Salvador.
The decision on Monday came hours after government attorneys asked the Supreme Court to block an earlier ruling that gave the Trump administration until the end of the day to return Kilmar Abrego Garcia to the United States.
Roberts' decision will give the court more time to review the case. He ordered lawyers in the case to respond by 5 p.m. Tuesday.
Federal immigration agents arrested Abrego Garcia, 29, on March 12 after pulling him over in an Ikea parking lot near his home in Beltsville, Maryland, about half an hour outside of Washington. Officials contend he is a member of the MS-13 criminal gang, although they have presented no evidence to back up that claim.
Three days after his arrest, Abrego Garcia was expelled from the United States and sent to a notoriously violent prison in El Salvador, even though he had a protective order barring his removal from the U.S.
The Trump administration admitted in court documents that his deportation was a mistake, which it blamed it on an "administrative error." But the Justice Department says it has no authority to return him to the U.S. because he is in a foreign country.
On Friday, U.S. District Judge Paula Xinis of Maryland ruled from the bench that the government acted illegally in expelling Abrego Garcia and gave it until the end of Monday to bring him back. In a written order issued two days later, Xinis noted that Abrego Garcia was not being held for any crime in the United States or El Salvador.
"They had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador - let alone deliver him into one of the most dangerous prisons in the Western hemisphere," the judge said.
Xinis' decision was considered a blow to President Donald Trump's campaign to step up immigration enforcement, which has been a top priority for his administration.
Abrego Garcia was among the hundreds of alleged members of criminal gangs MS-13 and Venezuela's Tren de Aragua the government expelled from the U.S. and sent to El Salvador.
Abrego Garcia's case was different, though, because of an earlier court order that protected him from being expelled from the United States.
A federal immigration judge issued that order after Abrego Garcia was arrested in 2019 outside a Home Depot in Hyattsville, Maryland. Government lawyers argued that a confidential informant had claimed he was a member of MS-13. Abrego Garcia, who is from El Salvador, contended he was not a gang member and that his parents had sent him to the United States when he was a teen-ager because he was under pressure to join a rival gang of MS-13.
The immigration judge issued an order barring his deportation.
After his arrest in March, his family sued the government to return him to the U.S.
Contributing: Bart Jansen
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They should have held him, but at this point it is a harmless error.
If it’s harmless, why don’t you fly down to El Salvador, and check yourself into their prison?
This is what revenge leads to, a callousness that will destroy your soul and you won't give a damn until it is too late.
When that "administrative error' comes for a MAGA supporter to close to 'clear' ahead of a flight out. . . I am sure MAGAs will find a quick and dirty way for a return flight - probably through Noem arrival in El Salvador and escort home.
We won't talk about the callousness and cruelty because it is what MAGA is at its core. That is a given.