The Fight to Bring Back a Man Wrongly Sent Away

A federal judge in Maryland is pushing the government to bring back a man who was sent to El Salvador by mistake. The judge wants the government to do everything it can to get him back to the United States as soon as possible. The man, Kilmar Abrego Garcia, was deported even though he had been living in Maryland for over a decade with his family, who are all U. S. citizens. The judge also asked the Justice Department to provide updates on what steps have been taken to bring him back and what more can be done. The Trump administration is not happy with the judge's orders. They want more time to respond to the judge's questions. The administration argues that foreign affairs cannot be handled on a court's timeline because it involves sensitive matters that are not suitable for judicial review. The judge, however, rejected the administration's request to delay a meeting to discuss the case. Abrego Garcia's situation has become a big deal between the White House and the courts. It's a test of how quickly the Trump administration can remove people it considers threats to American safety. The Supreme Court recently told the Trump administration to help bring Abrego Garcia back to the U. S. and to share what steps have been taken. The court's order was a rare win for those challenging the administration's deportation orders. The Supreme Court sent the case back to the Maryland judge with instructions to clarify her original order. The justices wanted to know more about the word "facilitate" in the judge's directions to the Trump administration. The judge's new order seems to address the Supreme Court's concerns. The Department of Homeland Security highlighted this part of the order, saying the judge should clarify her directive with respect for the executive branch's role in foreign affairs. Abrego Garcia was deported because of what the government calls an "administrative error. " The administration argues that there is nothing it can do because Abrego Garcia was already out of the U. S. and in the custody of the Salvadoran government when the mistake was discovered. The judge, however, rejected this argument. Abrego Garcia had been living in Maryland for over a decade with his wife and three children, all U. S. citizens. In 2019, an immigration judge had granted him a form of protected status that should have prevented his deportation. The White House claims that Abrego Garcia is a member of the Salvadoran gang MS-13, which the Trump administration has designated as a Foreign Terrorist Organization. The administration says he should not be allowed back into the U. S. But Abrego Garcia's lawyers dispute this. They say he has been living peacefully in Maryland for 14 years and has never been charged with or convicted of a crime in any country. The judge described the MS-13 allegations as "vague" and "uncorroborated, " noting that the Trump administration has not provided any evidence of a criminal indictment or complaint. The fight over whether to bring Abrego Garcia back to the U. S. is far from over. More appeals in the case are likely. The Trump administration appears unwilling to back down, framing the Supreme Court's order as a rejection of the lower court's reasoning. The justices, however, made it clear that a district court judge cannot exercise the president's foreign affairs powers. This leaves it unclear exactly when, or if, Abrego Garcia will be returning to Maryland.