Some semi-good news?
Apr. 10th, 2025 09:59 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
shadowkatBrief bit of good news?
US Supreme Court Orders the Trump Administration to Facilitate the Return of a Deportee who was sent to El Salvadoran Prison by Mistake
WASHINGTON, April 10 (Reuters) - The U.S. Supreme Court directed President Donald Trump's administration on Thursday to facilitate the return to the United States of a Salvadoran man who the government has acknowledged was deported in error to El Salvador.
The court's decision came after the Justice Department asked the justices to throw out an April 4 order by U.S. District Judge Paula Xinis requiring the administration to "facilitate and effectuate" the return of Kilmar Abrego Garcia. The judge had issued the order in response to a lawsuit filed by Abrego Garcia, a Salvadoran migrant who was living in Maryland and has had a work permit since 2019, and his family challenging the legality of his deportation.
The court, in an unsigned decision, said that the judge's order "properly requires the government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."
The administration, meanwhile, "should be prepared to share what it can concerning the steps it has taken and the prospect of further steps," the court directed.
Simon Sandoval-Moshenberg, a lawyer for Abrego Garcia, hailed the court's ruling, saying "the rule of law prevailed." "The Supreme Court upheld the district judge's order that the government has to bring Kilmar home," Sandoval-Moshenberg said. "Now they need to stop wasting time and get moving."
While siding with Abrego Garcia, the court directed Xinis to clarify the directive's requirement to "effectuate" his return "with due regard for the deference owed to the executive branch in the conduct of foreign affairs." That requirement was unclear and may exceed the judge's authority, the court said.
A Justice Department spokesperson said the court's ruling recognized that it is "the exclusive prerogative of the president to conduct foreign affairs."
"By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president's authority to conduct foreign policy," the spokesperson said.
Abrego Garcia was stopped and detained by U.S. Immigration and Customs Enforcement officers on March 12 and questioned about alleged gang affiliation. He was deported on March 15 on one of three high-profile deportation flights to El Salvador that also included alleged Venezuelan gang members.
Anybody else have whip-lash?
US Supreme Court Orders the Trump Administration to Facilitate the Return of a Deportee who was sent to El Salvadoran Prison by Mistake
WASHINGTON, April 10 (Reuters) - The U.S. Supreme Court directed President Donald Trump's administration on Thursday to facilitate the return to the United States of a Salvadoran man who the government has acknowledged was deported in error to El Salvador.
The court's decision came after the Justice Department asked the justices to throw out an April 4 order by U.S. District Judge Paula Xinis requiring the administration to "facilitate and effectuate" the return of Kilmar Abrego Garcia. The judge had issued the order in response to a lawsuit filed by Abrego Garcia, a Salvadoran migrant who was living in Maryland and has had a work permit since 2019, and his family challenging the legality of his deportation.
The court, in an unsigned decision, said that the judge's order "properly requires the government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."
The administration, meanwhile, "should be prepared to share what it can concerning the steps it has taken and the prospect of further steps," the court directed.
Simon Sandoval-Moshenberg, a lawyer for Abrego Garcia, hailed the court's ruling, saying "the rule of law prevailed." "The Supreme Court upheld the district judge's order that the government has to bring Kilmar home," Sandoval-Moshenberg said. "Now they need to stop wasting time and get moving."
While siding with Abrego Garcia, the court directed Xinis to clarify the directive's requirement to "effectuate" his return "with due regard for the deference owed to the executive branch in the conduct of foreign affairs." That requirement was unclear and may exceed the judge's authority, the court said.
A Justice Department spokesperson said the court's ruling recognized that it is "the exclusive prerogative of the president to conduct foreign affairs."
"By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president's authority to conduct foreign policy," the spokesperson said.
Abrego Garcia was stopped and detained by U.S. Immigration and Customs Enforcement officers on March 12 and questioned about alleged gang affiliation. He was deported on March 15 on one of three high-profile deportation flights to El Salvador that also included alleged Venezuelan gang members.
Anybody else have whip-lash?
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Date: 2025-04-11 12:28 pm (UTC)no subject
Date: 2025-04-11 01:09 pm (UTC)