The Trump administration has requested the US Supreme Court to prevent the return of a Maryland man who was wrongly deported to a dangerous prison in El Salvador. This request was made after a federal appeals court rejected a motion to halt the order by US District Judge Paula Xinis for Kilmar Abrego Garcia to be returned by 11:59 p.m. According to Circuit Judge Stephanie Thacker, the government cannot unlawfully remove a person from the country without due process, and the argument against court intervention is unacceptable.
This development poses a challenge for President Donald Trump's deportation policy, with a court in Washington accusing the US of potentially defying orders to stop deportations of alleged Venezuelan gang members. The case of Abrego Garcia, like that of the Venezuelans sent to the Terrorism Confinement Center in El Salvador, is being closely watched. The Justice Department claims it no longer has jurisdiction over Abrego Garcia, stating that the US cannot dictate El Salvador's actions.
The US Solicitor General, John Sauer, emphasized that the US cannot control El Salvador and is not responsible for Abrego Garcia anymore. Meanwhile, Circuit Judge James Harvie Wilkinson III criticized the government for mishandling the case and failing to address the situation. Wilkinson expressed concern over the possibility of the government disregarding court orders by sending individuals to foreign prisons and then disavowing any responsibility, calling it a lawless practice that courts cannot endorse. The matter has been forwarded to Chief Justice John Roberts for further action.