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Showing Original Post only (View all)Trump administration contends it has no duty to return illegally deported man to US [View all]
Last edited Sun Apr 13, 2025, 05:55 PM - Edit history (1)
I strongly disagree with the DOJ's interpretation of the SCOTUS ruling. There will be a fun hearing on Tuesday
Link to tweet

https://www.politico.com/news/2025/04/13/abrego-garcia-el-salvador-trump-administration-00288502
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 dont interpret the Supreme Courts Thursday ruling that the administration facilitate Kilmar Abrego Garcias release as obligating the administration to do anything more than adjust his immigration status to admit him if El Salvadors government chooses to release him.
With El Salvadors 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 administrations position suggests officials do not view the Supreme Courts order as compelling them to seek Abrego Garcias 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.
Justice Department lawyers told a federal judge that they dont interpret the Supreme Courts Thursday ruling that the administration facilitate Kilmar Abrego Garcias release as obligating the administration to do anything more than adjust his immigration status to admit him if El Salvadors government chooses to release him.
With El Salvadors 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 administrations position suggests officials do not view the Supreme Courts order as compelling them to seek Abrego Garcias 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.
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Trump administration contends it has no duty to return illegally deported man to US [View all]
LetMyPeopleVote
Apr 2025
OP
I think he also wants to show off the fact he does not have to follow a SC order.
Irish_Dem
Apr 2025
#6
Oh c'mon. He can come back "if he makes it back from a high-security prison"???
allegorical oracle
Apr 2025
#9
This is total bullsh*t. We should, somehow, hold Bukele hostage until Garcia is returned. THE SCOTUS should the DOJ
sinkingfeeling
Apr 2025
#11
I thought he said previously that only he and the Attorney General could say what the law meant.
Tadpole Raisin
Apr 2025
#13
The Trump Administration is claiming they don't have to do anything to bring Abrego Garcia back to America
LetMyPeopleVote
Apr 2025
#14
'Defiant screw you': Expert stunned as Trump admin 'thumbs its nose' at Supreme Court
LetMyPeopleVote
Apr 2025
#19
The Supreme Court isn't just any federal court, it's THE SUPREME COURT..the one he runs to for favors
Deuxcents
Apr 2025
#20