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Can the US return Kilmar Abrego Garcia from El Salvador?

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grey placeholderJennifer Vasquez Kilmar Abrego Garcia was sent from El Salvador to Prison from Trump Administrative Exchange Initiative.Jennifer Vasquez
Kilmar Abrego Garcia sent from Trump Administration to Prison from El Salvador from El Salvador

On March 12, Kilmar Abrego Garcia returned home when he was stopped by agents of US immigration and tariff execution (ICE) with his young son in Maryland.

Agents were detained by Mr. Garcia and drove him out of Louisiana and Texas.

According to the federal judge, after three days, after the end of “Notification, Legal Procedure or Hearing”, Garcia found himself in El Salvador, a member of El Salvador in an infamous prison known as a gang member.

The government said it was deported by “administrative errors.”

Nevertheless, Garcia is maintaining an imprisonment in El Salvador, as lawyers discuss the abnormal complexity of the case.

The Maryland court ordered Garcia to return to the United States, but Trump officials insisted that El Salvador could not be forced to return Garcia. The administration also insisted that the judge who ordered his return to his return was not right to do so.

On Monday, the Supreme Court considered this problem while temporarily holding court orders.

Immigration experts say that as President Donald Trump takes a solid approach to illegal immigration, the case may be possible to improve enemy legal procedures for immigrants.

“If the US Supreme Court must accept it [the Trump administration’s] Maureen Sweeneey, the director of the Maryland University Immigrant Justice Center, told the BBC.

“Because they were able to pick someone at any time, they can send anywhere without being affected.”

The Trump administration pushed back

Judge Paula Xinis wrote on Sunday that Ice officials did not follow the procedure of immigration national law when Ice officials deported Garcia to El Salvador.

She ruled that the United States should bring him before midnight Monday. The Fourth Court of Appeals agreed that the United States has no legal authority to exclude people in the streets.

The Trump administration, however, said that the submission of the Xinis judge was outside of her jurisdiction.

“The Federal District Court or the United States has no authority to tell the El Salvador government what to do,” the US Attorney General D John Sauer appealed to the Supreme Court.

Professor Nicole Hallett at the University of Chicago Law School said that the US judge could not order El Salvador to take action. You can order the US government to return Garcia.

She also said that the United States promoted the return of the individual who was expelled by mistake.

Harlet also questioned the government’s claim that the United States had no power to force El Salvador to release Garcia.

According to the BBC’s US partner, CBS NEWS, the United States paid $ 6 million to the government of the El Salvador government, according to the Trump administration. Marco Rubio, Secretary of State Marco Rubio and the best officials like Trump themselves publicly promoted the agreement.

“It’s almost just as the Salvador government acts as an agent to the US government,” Harette said.

Garcia’s lawyers argued that the court could order Garcia to detain Garcia at a direct request and “Garcia”, “according to the US’s financial compensation.”

City Hall: ‘I miss you too much’ Salvador’s wife is expelled by a mistake.

Garcia is one of the 238 Venezuelans and was expelled from the Trump administration to El Salvador’s infamous Mega. Officials are deported because they claim to be gangs.

His lawyer says Garcia, who is married to American citizens, has no gang relationship and has never been accused of crime.

He was also protected by the “Collection of Seattings of Removal”, which means that he cannot send him back to El Salvador because the US government can be damaged. This command dates back to 2019 when ICE has detained Garcia for the first time and claims to belong to the MS-13 criminal organization.

These orders are common, and immigrants spoke to the BBC.

Amelia Wilson, director of immigration lawyers at Pace University, said, “It was illegal for the United States to return to a country that could not be returned.

The judge ultimately told Garcia, “When the victims of gang violence were in El Salvador, they testified of the victims of gang violence when they were teenagers, and his wife Jennifer Vasquez Sura wrote in a March 2025 statement.

EREZ Reuveni, a lawyer lawyer, admitted that the government was “final because the government did not appeal to the decision.”

The Trump administration said Garcia is now repeating allegations of MS-13, but the Xinis judge said that the government has enacted this claim “without evidence,” and has not produced a demolition order or warrant.

There is a Supreme Court confrontation

The Trump administration has continued to press the case to the Supreme Court of the United States, concluding the potential confrontation against the White House’s deportation strategy.

John Roberts, Chief Justice John Roberts, announced his administrative stay on Monday night and suspended the court ruling, while the US Supreme Court considered the government’s appeal.

President Trump said that the ruling was victorious about the truth society, saying that the president allowed us to protect our borders and protect our country itself.

Meanwhile, immigrants are closely watching Garcia’s incident.

“If the Trump administration is trying to get rid of this individual by bypassing the immigration court, there is a direct and obvious line between what they do and the administration’s efforts to completely subtract the judicial and legal procedures.”

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2025-04-09 01:17:00

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