Trump administration argues judge can't order return of man mistakenly deported to El Salvador

[Omaha Steve]

Source: AP

By MICHAEL KUNZELMAN
Updated 9:58 AM CDT, April 5, 2025

WASHINGTON (AP) — A federal judge didn’t 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.



Read more: https://apnews.com/article/trump-el-salvador-prison-kilmar-abrego-garcia-5a92d6bd7f893eed64c2607cc129a6f9

[the nelm]

1. As opposed to "mistakenly deported from the U.S. to a notorious El Salvador prison"???

Eff off you rotten to the core bastards...you put the man in harm's way, now you don't just get to wipe your hands of stench of your despicable actions. Monsters all.

[Stpaoulboy]

2. It was unconstitutional to send him, mother fuckers!

Someone find an adult.

[YodaMom2]

3. No matter how obvious the error,

this administration will never agree to return anyone wrongfully deported to El Salvador. They don’t want these innocent people talking to the press about what they’ve experienced at the hands of ICE and how horrifying the conditions are in Salvadoran prisons…

[CrispyQ]

8. And now we all know if we are mistakenly picked up & sent there, they won't ask for our return either. -nt

[Deuxcents]

4. The Executive got involved in a certain way to have these people accepted..they need to use a certain way to get them

Back home to where they can exercise their due process as is afforded to them by law

[no_hypocrisy]

5. Solution: Subpoena the Ambassador to El Salvador

and have him/her testify that all they need is approval from the WH to release this illegitimate detainee.

[bluestarone]

6. Hell, we are not sure WHO to subpoena in THIS whole mess

The RETHUGS know what they are doing. I feel the ONLY ones to subpoena are the LEADERS of ICE, period!! The judges have got to get a handle on who needs to be brought in before the court. Marc Elias would know who the judge needs to deal with, i'm sure.

[intheflow]

13. We know who to subpoena.

Trump - who admitted he didn't sign the paper with his signature on it.
Kristi Noem - this happened under her order and then she made prisoner suffering porn which against the Geneva Convention.
Mark Rubio - the anchor baby pathologically driven to prove he's a "real American".
Todd Lyons - the acting head of ICE - his agency orchestrated this without warrant or evidence. That's human trafficking.

And also: the CEOs of companies hired to transport people to El Salvador. We need to grill them under oath: who contracted with them? Who told them it was legal to disappear people to another country?

[bluestarone]

14. Agree to all the above. Now who is going to serve the subpoenas?

They will all be hiding. NONE of them have been before any judge. none of them.

[GiqueCee]

16. The BIG question is...

... who will enforce the court order? The shitheads of the SCROTUS majority pretty much gave Pisswig carte blanche to do whatever the hell he wants and get away with it. There HAS to be a day of reckoning for those six snakes.

[onenote]

15. Wouldn't work. He has foreign sovereign immunity.

[Hieronymus Phact]

7. Please start using the word "Gulag" from now on. -nt

[JustABozoOnThisBus]

9. I would not want to be the government lawyer ...

... who has to explain that to the judge Monday night.

Bring the brief, a pad of paper, pencils. Also bring pyjamas, toothbrush, comb. You could be there a while.

[NH Ethylene]

10. It's actually a strong argument.

We'll see what happens. I just really hope SOMEbody can get this man out of that hellhole and back to his family.

[intheflow]

12. No, it's not.

They paid to send him there, they can pay to get him back. And if they won't do it, they really need to be locked up themselves - for contempt, if not for human trafficking.

[GiqueCee]

17. Republicans...

... have been getting away with blatantly illegal shit for FAR too long, because too much of the judiciary was appointed by Republicans, and they're all in for Feudalism 2.0, and none that might have a vestigial remnant of conscience have the balls to stand up to that psychotic madman.
Trump's goons know they're dead meat for what they've already done, so they'll just say, fuck it and go for broke. There will be bloodshed, but they're going down, one way or another. The Republican Party's party is over. And fuck any "truth and reconciliation" bullshit; they did the crime, they do the time. NO mercy. Evil of such a monstrous magnitude is beyond forgiveness. Period. Get all Robespierre on their asses.

[AnnaLee]

11. This could have been an intential test of the extent of power.

Could the MAGAs around Trump (and ICE, etc.) have come up with an idea to trial test something that, if the courts finally took Trump's people's side, would be a way to disappear just about anyone? Think how it could be used to render even opponents docile if they feared retailation against themselves or their family.

[twodogsbarking]

18. Trump is living his dream. Sue everyone and not pay any legal fees.

[Grokenstein]

19. Second verse, same as the first.

(First dim donnie maladministration separates families and "loses" kids)

"Nothing we can do about it, la la, time for golf"

(Second maladministration separates families and "loses" adults)

"Nothing we can do about it, la la, time for golf"

Mr. "Art of the Deal" can't cut a deal, who knew. /s