Government lawyers provide daily updates on the case.
President Donald Trump’s administration could take steps to remove “domestic obstacles” for the potential return of men who were deported by mistake, without forcing the Salvadoran government to release him, according to a new court filing.
US officials deported Garcia to his native Salvador in March. Garcia was deported in 2019 on allegations that he was a member of the MS-13 gang, but he was granted what he called withholding of removal.
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That judge, US District Judge Paula Sinis, removed the word Effectuate in the latest order, but told the government that “we will take all available steps to promote Abrego Garcia’s return as soon as possible.”
This includes requesting the release of Abrego Garcia from a prison in El Salvador, providing air transport to Abrego Garcia, and sending dispatches to accompany him upon release so that he can safely reach the aircraft that will fly him to the United States.
The government’s lawyer said in one of his April 13 returns that the request should be denied.
Reading “promoting” means eliminating domestic obstacles, but they said “continue directly from the Supreme Court order,” pointing out how the court emphasized the order, and pointing out that legitimate respect must be given to the executive branch of foreign affairs.
“On the flip side, reading it as “promoting” to demand more than domestic measures not only underestimates the Supreme Court’s order, but also violates the separation of power,” the lawyer said. “The federal courts have no authority to direct the administrative department to engage in diplomatic relations in a particular way or engage in foreign sovereignty in a particular way. It is “the exclusive power of the President as the sole agency of the federal government in the field of international relations.” ”
The lawyer also said the court should not order a document to be prepared that outlines the US Salvador agreement because of sending illegal immigrants to El Salvador and being imprisoned there.
“It would be inappropriate for this court to hurry up order the production of these sensitive documents,” the filing said.
“It could hinder continuing diplomatic debate,” the lawyer added, so the request for testimony from US officials in the case is inappropriate.
They pointed out that Salvador’s President, Naive Buquere, was currently in the United States. Buquere is scheduled to meet with Trump on Monday, about 24 hours before his next hearing in the Abrego Garcia case.
