The lawyer for a Maryland man who was mistakenly deported to a Salvador prison said the Trump administration violated a Supreme Court order by not even attempting to secure his return.
Last week, the Supreme Court ruled that the Trump administration must “promote” the return of Salvadoran national Kilmar Abrego Garcia, held at the country’s most infamous prison.
But Abrego Garcia’s lawyers argue that the Trump administration hasn’t even tried to do so.
“The government argues that the term “promote” is limited to “remov.”[ing] Otherwise, domestic obstacles that hinder the ability of aliens to return here. it’s not. The Supreme Court will order the government to “promote” the release of Abrego Garcia from detention in El Salvador, ensuring that his case is processed if he is not inappropriately sent to El Salvador,” the lawyer wrote in a summary Tuesday.
“To give any meaning to the Supreme Court order, the government should be required to at least request the release of Abrego Garcia. To date, the government has not.”
Attorneys for the Department of Justice and Abrego Garcia are scheduled to appear before U.S. District Court Judge Paula Sinis on Tuesday.
On Monday, Justice Department lawyers fled an order from Xinis to provide updates on Abrego Garcia’s location and efforts to ensure his return.
The Trump administration’s position on the incident was revealed at an oval office meeting on Monday along with Salvadra President Naib Bukere.
“If they want to return him, it’s up to El Salvador. That won’t go to us,” Attorney General Pam Bondy said.
“The Supreme Court ruled that if President, El Salvador wants to return him… we would promote it and provide the plane.”
At the same meeting, Buquere called Abrego Garcia a terrorist.
“How can I get him back to the US? I’ll smuggle him into the US? Of course I’m not going to do that. The question is ridiculous,” Bukere said.
“I don’t have the power to bring him back to America. I’m not liberating. I mean, we don’t really like to release terrorists into our country.”
Abrego Garcia’s lawyers said Tuesday that Secretary of State Marco Rubio recently announced that 10 more men had been sent to Secott, a Salvador prison known for its Spanish acronym.
“It included all three actions the government argued that it could not order the court: (i) Mac[ing] Salvador’s Government Request (II) Dispatch[ing] Staff are in the soil of an independent sovereign state (iii) Send[ing] Aircraft into sovereign foreign airspace,” they wrote.
“The government retains the contractual rights to send prisoners to “contract facilities” where the US “outsources” the prison system, which “holds the authority to secure and transport.” [its] It also includes detainee Abrego Garcia. Detainees are pending their “US” decision, so they can exercise their same contractual rights to request release. [their] Long-term temperament. ”
