DOJ argues judge cannot order return of illegal immigrant deported to El Salvador prison

U.S. District Judge Paula Xinis ruled on Friday that the Trump administration has to “facilitate and effectuate” Abrego Garcia’s return to U.S. soil by late Monday evening.

Published: April 6, 2025 8:01am

Updated: April 6, 2025 9:56am

The U.S. Justice Department argued before the 4th U.S. Circuit Court of Appeals on Saturday that a judge lacked the authority to order the Trump administration to return a man it deported to an El Salvador prison.

The DOJ suspended a government lawyer who said it court that the man, Kilmar Abrego Garcia, a 29-year-old Salvadoran national, was deported due to an administrative error. DOJ said the lawyer failed to "zealously advocate" the government's position.

U.S. District Judge Paula Xinis ruled on Friday that the Trump administration has to “facilitate and effectuate” Abrego Garcia’s return to U.S. soil by late Monday evening.

“A judicial order that forces the Executive to engage with a foreign power in a certain way, let alone compel a certain action by a foreign sovereign, is constitutionally intolerable,” the DOJ wrote.

Abrego Garcia was deported in March after his arrest in Maryland. A ruling from a judge in 2019 protected him from deportation to El Salvador where he could be persecuted by gangs, according to the AP.

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