Monday, April 07, 2025

Mini-Post: Crisis In The Courts

There is a approaching a crisis in the courts over the undocumented immigrant who was sent to El Salvador.
She rejected the idea that the Trump administration has no power to bring the deportee back.
Politico
By Kyle Cheney, Hassan Ali Kanu and Josh Gerstein
March 6, 2025


A federal judge is sticking by her demand that the Trump administration seek the immediate return of a Maryland man erroneously sent to El Salvador, where he is being held in “one of the most notoriously inhumane and dangerous prisons in the world.”

U.S. District Judge Paula Xinis rejected the Trump administration’s entreaty to back off her Friday order, which requires the return of Kilmar Abrego Garcia by Monday night. The Justice Department said the court had no power to order the decision and was intruding on President Donald Trump’s exclusive power to direct foreign policy.
I do not think Trump & Company will comply with the judge. I think they will thumb-their-nose at the judge.
“Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of [immigration law],” Xinis wrote in a 22-page opinion issued just after 1 a.m. Sunday morning. “Once there, U.S. officials secured his detention in a facility that, by design, deprives its detainees of adequate food, water, and shelter, fosters routine violence; and places him with his persecutors.”
I foresee the judge holding someone in contempt of court and Trump pardoning them. And Congress will do nothing.



Update: 1:30PM

Trump & Company wants the Supreme Court to get the case immediately!
A judge on Friday ruled he must be returned to the U.S.
ABC News
ByLaura Romero and Devin Dwyer
April 7, 2025


The Trump administration has asked the Supreme Court for emergency intervention in the case of a Maryland man the government -- by its own admission -- removed to El Salvador by mistake and now must return by 11:59 p.m. ET on Monday under a lower court's order.

Solicitor General D. John Sauer argued in the filing that a federal court cannot order a president to engage in foreign diplomacy, which he says is implicitly involved in any potential return of Kilmar Armando Abrego Garcia, who the Trump administration alleges is a gang member.

"The Constitution charges the President, not federal district courts, with the conduct of foreign diplomacy and protecting the Nation against foreign terrorists, including by effectuating their removal," Sauer writes. "And this order sets the United States up for failure. The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations."
And if the Supreme Court says send him back? Then What?



Update: 3:45PM 
By Reuters
April 7, 2025

A U.S. appeals court has declined to block a federal judge’s ruling that said the United States must bring a man back to Maryland after he was wrongly deported to El Salvador amid the Trump administration’s hardline crackdown on immigration.

The order by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on Monday allows a Friday ruling by U.S. District Judge Paula Xinis to take effect. Xinis had ordered the United States to return the man, Kilmar Abrego Garcia, on Monday. The Trump administration was challenging the order in the appeals court.


Update: 5:00PM
USA Today
By Michael Collins, Eduardo Cuevas, & Nick Penzenstadler
April 7, 2025


Supreme Court Chief Justice John Roberts has temporarily placed on hold a judge’s order that the Trump administration must bring back to the United States a Maryland father it had mistakenly deported to El Salvador.

The decision on Monday came hours after government attorneys asked the Supreme Court to block an earlier ruling that gave the administration until the end of the day to return Kilmar Abrego Garcia to the United States.

Roberts' decision will give the court more time to review the case. He ordered lawyers in the case to respond by 5 p.m. Tuesday.

Federal immigration agents arrested Abrego Garcia, 29, on March 12 after pulling him over in an Ikea parking lot near his home in Beltsville, Maryland, about half an hour outside of Washington. Officials contend he is a member of the MS-13 criminal gang, although they have presented no evidence to back up that claim.
The saga continues tomorrow at 5PM!

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