The administration of President Donald Trump has petitioned the Supreme Court to prevent lower court mandates that require the repatriation of a man deported to El Salvador back to the United States.
A federal judge in Maryland directed the government to return Kilmar Abrego Garcia by Monday night. This ruling was sustained by an appeals court on the same day.
The administration claims Mr. Garcia was deported on March 15 due to an “administrative error,” but also asserts that he is affiliated with the MS-13 gang, a claim his family disputes.
In their urgent appeal to the nation’s highest court, the administration contended that the Maryland judge overstepped his authority and argued that U.S. officials cannot mandate El Salvador to send Mr. Garcia back.
US Solicitor General D. John Sauer stated in his legal submission: “The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to adhere to a federal judge’s orders.”
He further asserted: “The Constitution assigns the president, not federal district courts, the responsibility for conducting foreign diplomacy and safeguarding the nation against foreign threats, including facilitating their expulsion.”
Mr. Garcia had been residing in the U.S. illegally, although a judge had granted him deportation protection in 2019.
