Justice Dept Asks SCOTUS – Block Order To Return Deported Man

The Trump administration is now asking the Supreme Court to block a federal judge’s order instructing the U.S. to retrieve a man from El Salvador after he was wrongly deported. From the New York Times:

Judge Paula Xinis of the Federal District Court in Maryland had said the administration committed a “grievous error” that “shocks the conscience” by sending the migrant, Kilmar Armando Abrego Garcia, to a notorious prison last month. She ordered the government to return him by 11:59 p.m. on Monday.

In the administration’s emergency application, D. John Sauer, the U.S. solicitor general, said Judge Xinis had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure his release.

“While the United States concedes that removal to El Salvador was an administrative error,” Mr. Sauer wrote, “that does not license district courts to seize control over foreign relations, treat the executive branch as a subordinate diplomat and demand that the United States let a member of a foreign terrorist organization into America tonight.”

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously rejected the Justice department’s attempt to pause Judge Xinis’s ruling right before  before the Justice Dept. ran to SCOTUS. I think if Homeland Sec. Noem could get in and out of the El Salvador prison for a propaganda film, the U.S. can get Kilmar Abrego Garcia back.


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