WASHINGTON — A federal judge did not have the authority to order the Trump administration to broker the return of a Maryland man who was mistakenly deported from the U.S. to a notorious El Salvador prison, government attorneys argued Saturday as they urged an appeals court to suspend the ruling.
U.S. District Judge Paula Xinis on Friday ordered the administration to “facilitate and effectuate” Kilmar Abrego Garcia’s return to the U.S. by late Monday night. Justice Department lawyers asked the 4th U.S. Circuit Court of Appeals to immediately pause the judge’s order.
“A judicial order that forces the Executive to engage with a foreign power in a certain way, let alone compel a certain action by a foreign sovereign, is constitutionally intolerable,” they wrote.
The appeals court asked Abrego Garcia’s lawyers to respond to the government’s filing by Sunday afternoon.
Abrego Garcia, a 29-year-old Salvadoran national, was arrested in Maryland and deported last month despite an immigration judge’s 2019 ruling that shielded him from deportation to El Salvador, where he faced likely persecution by local gangs.
His mistaken deportation, described by the White House as an “administrative error,” has outraged many and raised concerns about expelling noncitizens who were granted permission to be in the U.S.
Dozens of supporters gathered at the Greenbelt, Md., federal courthouse for Friday’s hearing. A cheer erupted in the courtroom when Xinis ruled in favor of Abrego Garcia, whose wife, a U.S. citizen, was in attendance.
Xinis, who was nominated by President Obama, said there was no legal basis for Abrego Garcia’s detention and no legal justification for his removal to El Salvador, where he has been held in a prison that observers say is rife with human rights abuses.
During Friday’s hearing, Justice Department attorney Erez Reuveni conceded to Xinis that Abrego Garcia should not have been removed from the U.S. or sent to El Salvador. Reuveni could not tell the judge upon what authority he was arrested in Maryland.
“I’m also frustrated that I have no answers for you for a lot of these questions,” he said.
Reuveni’s name was not on Saturday’s court filing. A department spokesperson confirmed that he was placed on leave.
“At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences,” Atty. Gen. Pam Bondi said in a statement.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said the government has done nothing to get his client back, even after admitting its errors.
“Plenty of tweets. Plenty of White House press conferences. But no actual steps taken with the government of El Salvador to make it right,” he told the judge Friday.
The White House has cast Abrego Garcia as an MS-13 gang member and reiterated that claim after Friday’s hearing. Abrego Garcia’s attorneys contend that there is no evidence he was in MS-13.
Abrego Garcia had a permit from the Department of Homeland Security to legally work in the U.S., his attorney said. He served as a sheet metal apprentice and was pursuing his journeyman license.
Abrego Garcia fled El Salvador around 2011 because he and his family were facing threats by local gangs. In 2019, a U.S. immigration judge granted him protection from deportation to El Salvador.
Government lawyers say they have no control over Abrego Garcia and no authority to arrange for his return, “any more than they would have the power to follow a court order commanding them to ‘effectuate’ the end of the war in Ukraine, or a return of the hostages from Gaza.”
“It is an injunction to force a foreign sovereign to send back a foreign terrorist within three days’ time. That is no way to run a government. And it has no basis in American law,” they wrote.
Kunzelman writes for the Associated Press. AP Alanna Durkin Richer contributed to this report.
