The Trump administration refused to provide updates on Maryland men who were mistakenly deported to El Salvador, and instead pointed to comments from President Naive Bukere, who refused to cooperate on the issue.
It was an unusual submission that came more than an hour after the deadline imposed by a judge who sought updates on Kilmer Abrego Garcia’s status and efforts to ensure return from Salvador’s prison.
“DHS does not have the authority to forcefully extract foreign nationals from the domestic custody of a foreign sovereign state,” Joseph Mazzarra, acting advisor to the Department of Homeland Security, wrote in a declaration to the court.
The declaration refers to Monday’s comments from Buquere, who says he won’t return Abrego Garcia.
“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,” Bukel said.
The Supreme Court recently ordered the Trump administration to “promote” the return of Abrego Garcia. However, Attorney General Pam Bondy said in a meeting with Bucquere that the plane would need to be sent to return Abrego Garcia if El Salvador agreed.
The submission also raises new discussion. Abrego Garcia cannot be returned as his gang ties will negate protections from deportation in 2019.
Mazzarra writes that despite Abrego Garcia being protected from removal, “He is no longer qualified… for membership in MS-13, now a designated foreign terrorist organization.”
However, the claims are based on a declaration of oath from the assistant director of the U.S. Immigration and Customs Enforcement (ICE) removal department, and it is unclear what the legal basis for the debate is. Elsewhere, Katz speaks of the immigration court decision to review Abrego Garcia’s US status and detail protections from removal, but ICE officials do not do so when they say his protection is not valid.
“The immigration judge understands that Abrego Garcia has granted the tax withheld of removal to El Salvador, so he should not be taken to El Salvador. However, he also understands that Abrego Garcia is no longer eligible for removal as he is now a foreign terrorist organization designated Sunday due to his membership in MS-13.”
The application on Monday comes as Abrego Garcia’s DOJ and his lawyer are scheduled for court on Tuesday.
