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Legal Battle Over Maryland Man’s Deportation to El Salvador Continues

A federal judge’s decision mandating the Trump administration to facilitate the return of Kilmar Abrego Garcia, a Maryland resident mistakenly deported to a high-risk El Salvador prison, is being challenged by government lawyers who assert that the ruling exceeds judicial authority. On Friday, U.S. District Judge Paula Xinis ordered that the administration must ensure Abrego Garcia’s return to the United States by Monday evening, prompting an immediate request from Justice Department attorneys to the 4th U.S. Circuit Court of Appeals to suspend the judge’s order.

The government’s legal representatives argued that compelling the executive branch to engage with foreign entities in a specific manner, particularly to enforce actions by a sovereign nation, poses constitutional issues. They emphasized that the directive from the court is fundamentally flawed and untenable within the framework of American law.

The appeals court has requested that Abrego Garcia’s legal team provide a response to the government’s motion by Sunday afternoon. Abrego Garcia, a 29-year-old Salvadoran national, was detained in Maryland and deported last month despite a previous immigration judge’s ruling in 2019 that had granted him protection from being sent back to El Salvador, where threats from local gangs could lead to potential persecution.

This incident, described as an “administrative error” by the White House, has ignited significant backlash and raised alarms about the process by which noncitizens with legal permissions to stay in the U.S. can face deportation.

Supporters rallied at the Greenbelt, Maryland, federal courthouse during the hearing, expressing their solidarity. There were cheers in the courtroom when Judge Xinis ruled in favor of Abrego Garcia, whose wife, a U.S. citizen, was present for the proceedings. Judge Xinis, a nominee of President Barack Obama, asserted there were no legal grounds for Abrego Garcia’s detention or removal to a region known for severe human rights violations.

During the hearing, Justice Department attorney Erez Reuveni acknowledged a failure in the deportation process, admitting that Abrego Garcia’s removal to El Salvador was unjust. However, Reuveni failed to provide the judge with information regarding the legal basis for his client’s arrest in Maryland, expressing his own frustration at the lack of clarity on the matter.

Subsequently, Reuveni was placed on leave, with a department spokesperson confirming the decision. Attorney General Pam Bondi indicated that all Justice Department attorneys are expected to vigorously represent the interests of the United States, and any deviations from this directive would result in serious consequences.

Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, criticized the government’s inaction in resolving the situation despite acknowledging their mistake. He noted that while there had been numerous public statements, no tangible steps had been taken to rectify the deportation with the Salvadoran government.

In a continuing narrative, the White House characterized Abrego Garcia as linked to the notorious MS-13 gang, a claim his legal representatives have refuted, asserting there is no credible evidence supporting such an accusation. Abrego Garcia holds a work permit from the Department of Homeland Security and has been actively working as a sheet metal apprentice, working toward his journeyman license.

Having fled El Salvador in 2011 due to threats from local gangs, Abrego Garcia was granted protection from deportation in 2019, making his recent deportation all the more concerning. Government attorneys maintain that they lack the authority to facilitate his return, arguing that such a judicial order is analogous to commanding actions related to international conflicts, which falls outside their purview.

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