The United States Supreme Court has ordered the Trump administration to facilitate the return of a man from Maryland, who was wrongly expelled in the Mega-Ga-Ga-Ga-Cochail of El Salvador.
The Trump administration had conceded that Kilmar Abrego Garcia had been expelled by accident, but appealed against the order of a lower court to return it to the United States.
Thursday, in a 9-0 decision, the Supreme Court refused to block the order of the lower court.
The judge’s ordinance “obliges the government to” facilitate “the release of Abrego Garcia de la Garde in Salvador and to ensure that his case is treated as it was would not have been sent wrongly,” judged the judges.
Mr. Garcia, now aged 29, has illegally entered the United States in adolescence of El Salvador. In 2019, he was arrested with three other men from Maryland and owned by the federal immigration authorities.
But an immigration judge granted him protection against expulsion on the grounds that he could be at risk of persecution against local gangs in his country of origin.
He is detained in a maximum Salvador security prison known as the terrorism confinement center (CECOC), as well as hundreds of other men that the United States has deported in recent months for allegations of criminal activity and gangs.
His wife, Jennifer Vasquez Sura, is an American citizen and called for her release. He would have worked as a sheet metal when he was detained on March 12.
On April 4, judge Paula Xinis of the district court of Maryland had ordered the Trump administration to “facilitate and make” the return of Mr. Garcia.
The government said that Mr. Garcia was expelled on March 15 due to an “administrative error”, although they also allege that he is a member of the Gang MS-13, that his lawyer denies.
In his emergency call before the highest US court, the Trump administration argued that the Maryland judge did not have the power to make the order and that US officials could not force El Salvador to return Mr. Garcia.
The American Solicitor General, by John Sauer, wrote in his emergency court file: “The United States does not control the sovereign nation of El Salvador, and this cannot oblige El Salvador to follow the auctions of a federal judge.”
He added: “The Constitution invoices to the President, and not to the federal district courts, with the conduct of foreign diplomacy and the protection of the nation against foreign terrorists, including by having their withdrawal.”
On Monday, the Supreme Court put a temporary grip on the order of the lower court while it was examining the issue.
