United States Supreme Court Chief Justice John Roberts has temporarily paused an order directing the Trump administration to bring back into the United States a man who was allegedly deported in error.
The Trump administration had appealed to the Supreme Court to block a lower court’s order requiring them to return Kilmar Abrego Garcia, who was deported to El Salvador in March.
In its emergency application, the administration argued that it “cannot guarantee success in sensitive international negotiations in advance” and that a court-imposed deadline “vastly complicates the give-and-take of foreign-relations negotiations.” They emphasized that “the United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding.”
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Chief Justice Roberts requested a response from Abrego Garcia’s legal team to the administration’s application.
Abrego Garcia’s attorneys, in their filing, argued that “Abrego Garcia has never been charged with a crime, in any country” and “is not wanted by the Government of El Salvador.” They characterized his situation as a “Kafka-esque mistake,” stating that he is being detained in a foreign prison solely at the request of the United States.
U.S. District Judge Paula Xinis had ordered the Trump administration to bring Abrego Garcia back to the U.S. The administration admits to the erroneous deportation but maintains that Abrego Garcia is a member of the MS-13 gang and should not be permitted to enter the country.
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Court records indicate that Abrego Garcia entered the U.S. illegally in 2011 and is married to Jennifer Vasquez Sura, a U.S. citizen, with whom he has a child.
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