Trump administration contends it has no duty to return illegally deported man to US
Source: Politico
The Trump administration insisted Sunday that it has no legal obligation to arrange for the return of a Maryland man illegally deported from the United States, arguing that a Supreme Court ruling last week only requires officials to admit him into the country if he makes it back from a high-security prison in El Salvador.
Justice Department lawyers told a federal judge that they don’t interpret the Supreme Court’s Thursday ruling — that the administration “facilitate” Kilmar Abrego Garcia’s release — as obligating the administration to do anything more than adjust his immigration status to admit him if El Salvador’s government chooses to release him.
With El Salvador’s President Nayib Bukele set to meet President Donald Trump Monday, DOJ attorneys argued the courts have no power to require the administration to engage with the Salvadoran government to reach a diplomatic solution. They contend such a potential order would amount to a violation of the separation of powers and an intrusion into what they allege is unfettered presidential power to conduct foreign relations.
“All of those requested orders involve interactions with a foreign sovereign — and potential violations of that sovereignty,” Justice Department attorneys wrote in a seven-page submission to U.S. District Judge Paula Xinis. “[A] federal court cannot compel the Executive Branch to engage in any mandated act of diplomacy or incursion upon the sovereignty of another nation.”
The administration’s position suggests officials do not view the Supreme Court’s order as compelling them to seek Abrego Garcia’s return. The Salvadoran native entered the country illegally around 2011 and had been living in Maryland. The Trump administration has admitted it deported him to El Salvador in violation of a 2019 immigration court order barring his deportation to that country. Though Abrego Garcia was denied asylum, a judge found he could not be sent to his home country because of a legitimate fear of persecution by a local gang.
Read more: https://www.politico.com/news/2025/04/13/abrego-garcia-el-salvador-trump-administration-00288502
Link to tweet


Scrivener7
(55,481 posts)Salvadorean government wants him injured or dead.
OrangeJoe
(500 posts)They are doing this to establish the precedent that they can ignore the courts.
Phoenix61
(18,293 posts)Lovie777
(18,103 posts)EarthAbides
(260 posts)We have to start yelling in their fascists faces, "LIAR!!" "LIAR!!" Repeatedly. Over and over again. I am going to keep saying this until it starts happening! And, yes, I yell "LIAR!" at my TV all the time!
Please someone do it in person....
usaf-vet
(7,467 posts)Bayard
(24,785 posts)They KIDNAPPED this man! He is now basically being tortured in a hellish prison. I can't believe they would get a pass on this.
Bernardo de La Paz
(54,847 posts)If I understand correctly it is back in lower courts for status reports, etc. I think the lower court can and might give clarification that tRump regime won't like.
OrangeJoe
(500 posts)Can the government must be charged with kidnapping?.
OrangeJoe
(500 posts)uncle ray
(3,227 posts)mdbl
(6,284 posts)So anyone that listens to Dump should be prosecuted if asked to break the law on his behalf.
OrangeJoe
(500 posts)Volaris
(10,825 posts)If by some miracle, guy makes it back here alive, he's gonna get to file the biggest civil rights lawsuit in history.
Just me...I don't think he's coming back here minus a bag.. can't be having him telling his story to the Press now, dontchaknow.
SomewhereInTheMiddle
(499 posts)bluestarone
(19,645 posts)Just so they could use that loop hole. The SC could have made their order VERY CLEAR.
bucolic_frolic
(49,952 posts)Contempt is what the rule of law has. They are not obeying. It's true the courts do not conduct foreign policy, but they do rule on it, and they have the tools for consequences.
PSPS
(14,488 posts)I'm afraid that the only remedy is impeachment which is off the table. Since MAGA is 100% of the republican base, a primary challenger will, with trump's endorsement, always win especially in their gerrymandered house districts.
US sheriffs. They should send the sheriff(s) to go get him.
PSPS
(14,488 posts)NJCher
(39,865 posts)There has to be a way.
LetMyPeopleVote
(162,024 posts)LetMyPeopleVote
(162,024 posts)I strongly disagree with the DOJ's position here. The DOJ is basically thumbing its nose at the trial court and the SCOTUS. I suspect that there will be a contempt motion started on Tuesday
https://bsky.app/profile/realtuckfrumper.bsky.social/post/3lmq7opfvnc2h
Link to tweet
https://www.rawstory.com/trump-defiant-supreme-court
Donald Trump's Department of Justice just "thumbed its nose at the Supreme Court," experts say.
In the new filings, the Trump administration "says it has no updates" for Judge Xinis about the "efforts to facilitate" the return of the wrongly deported man, according to Politico's Kyle Cheney......
Aaron Reichlin-Melnick, senior fellow at American Immigration Council, said, "The Trump administration thumbs its nose at the Supreme Court, saying that there is nothing the judge can do to order them to bring Mr. Abrego back."
"They also refuse to provide any information on the deal with Bukele, claiming it’s classified and maybe also a state secret," he added.
"Today's filings are a defiant 'screw you' to Judge Xinis. They say they can't 'facilitate' anything because Mr. Abrego is in Bukele's custody, they threaten to appeal any order she makes requiring further steps, and they refuse to tell her anything," Reichlin-Melnick said.
He continued:
"The Supreme Court held 9-0 that Judge Xinis’s 'order properly requires the Government to ‘facilitate’ Abrego Garcia's release from custody in El Salvador.' Her order was also upheld 3-0 by the 4th Circuit."
republianmushroom
(19,582 posts)What are you going to do Judge ?
tinrobot
(11,523 posts)Who exactly in the administration gets held in contempt/fined/put in jail?
And who enforces this decision?
Or is it that they just issue a stern warning?
CitizenZero
(826 posts)I believe that the Court can hold the Administration in contempt. I am not sure who in the Administration would be subject to a contempt ruling. This can result in Fines and Civil Confinement. Normally the US Marshals Service enforces the decision, but they are under control of the Administration. It is my understanding that a Judge can deputize State Law Enforcement to enforce judgements such as contempt. I recently saw a video from a State AG on this subject. I am not a lawyer. I will look for the video.
CitizenZero
(826 posts)It is at the link. The video is just over 4 minutes long, so it is a quick watch. It explains how court orders can be enforced.
https://www.msn.com/en-us/video/news/ag-phil-weiser-explains-how-court-orders-can-be-enforced-to-keep-the-trump-administration-in-check/vi-AA1CsKcV?t=228
orangecrush
(24,312 posts)To the rule of law.
sakabatou
(44,624 posts)LoisB
(10,193 posts)bee_peaceful
(77 posts)33taw
(3,152 posts)to come in and testify. Send the Court’s US Marshalls to get him.
Irish_Dem
(68,614 posts)dobleremolque
(996 posts)our system of justice is based on the idea that it is better to allow a criminal to go unpunished, than to permit an innocent person to be prosecuted and punished.
Today's lawyers and judges don't seek to see their work result in justice. They work for error-free administration of the statutes and rules of procedure, so they don't lose on appeal.
Occasionally, that results in "justice." But justice isn't anything American jurisprudence strives for, despite all the lofty mottos engraved in the marble.
yourmovemonkey
(271 posts)WestMichRad
(2,250 posts)So their argument is that they can (deliberately) screw up, and if the person is deported before the violation is caught, then they get a free pass and have no obligation to remediate.
Bet they can’t wait to do this with citizens, too.
DFW
(57,806 posts)If the guy is still alive, the Trumpanzees know he gets returned at some point, at which time, they show their "humane" side, and "generously" allow him back in. He is so grateful, he'll participate in some completely contrived welcoming ceremony, where Trump or his lackeys try to score points when Kilmar kisses their hand in gratitude.
0rganism
(25,011 posts)Last edited Mon Apr 14, 2025, 05:31 AM - Edit history (1)
I hope the rich nazi motherfuckers get what's coming to them when people figure out their semi-legal foreign contract deportations are effectively a death sentence, or at least assumably-permanent exile with no external communication, and the F47 team can "deport" anyone it wants, regardless of charge or evidence. That's more-than-sufficient cause for a revolution, not to mention a trade embargo from 90% of the world.
(Imperial remote prison on Narkina 5, Andor S1E8-10)
GiqueCee
(2,143 posts)... it would not surprise me if the disbarment proceedings for all the lawyers involved in these grotesquely illegal actions were to fill a goddam stadium. May they be sentenced to scrubbing toilets with their own toothbrushes.
These people are the worst of the worst. I've no doubt that Stephen Miller's slimy little fingers are in this somewhere.
moonshinegnomie
(3,312 posts)start locking up administration officials for contempt.
no excuses. send marshals to arrest them and lock them up until hes returned to the US.
work their way up to higher and higher officials up to the AG. lock them up in the worst prison they can.
everyonematters
(3,752 posts)innocent.