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The arrest and unlawful removal of a Salvadoran immigrant from the United States were unconstitutional “of the moment seized at the moment,” a federal judge told Lawyers for Donald Trump’s administration on Friday.
District Judge Paula Xinis ordered the administration to return Kilman Abrego Garcia of El Salvador after the government’s attorneys argued in the court’s recommendation that the case was no longer in their hands.
“He was detained without a legal basis … and without the proper process,” Judge Xinis said.
Abrego Garcia must be returned to the United States at midnight on April 7, according to the judge’s order.
“It’s a very unusual circumstance. I dare to say unprecedented, ‘she told lawyers to the government. “From the moment it was seized that it was unconstitutional.”
Abrego Garcia was deported to El Salvador on March 15, and joined dozens of mostly Venezuelan immigrants on removal flights after the president secretly called in the strange enemies Act to summarily deport the alleged Tren de Aragua.
Two of the aircraft were sent to El Salvador under that War Time Authority, and a third plane was supposed to transport only immigrants with court orders for removing it. Abrego Garcia was on that plane – something that administrative officials called a ‘supervision’ – despite no orders for removing the country.
In 2019, a Judge Abrego Garcia’s removal blocked after credible evidence that he feared violence and death in his homeland, which he fled in 2011 when he was 16 years old. In terms of that order, he is allowed to stay legally in the United States, and must attend regularly check-in with immigration and customs handling. According to court documents, his most recent appearance was in January.
According to his lawyer, he has no criminal record in the United States or El Salvador. He lives in Maryland with his wife and the five -year -old child, both American citizens, and helps to raise two children from a previous relationship.
Government attorneys acknowledged in court documents this week that Abrego Garcia was placed in the removal of the proceedings due to an ‘administrative error’, but the administration said it could not return him because he was no longer in the United States and was therefore not under his jurisdiction.
After the news of the government admission, administrative officials quickly defended his removal. Vice President JD Vance falsely marked Abrego Garcia as a ‘convicted gang member’. White House press secretary Karoline Leavitt acknowledged that in his case there was a ‘spiritual mistake’, but without evidence that Garcia was a ‘leader’ of the MS-13 gang and ‘involved in human trafficking’.
Advocate of the Department of Justice, Orez Reuveni, the acting director of the Office of Immigration Litigation, on Friday admitted that there was nothing in evidence that would support the government’s decision to remove him.
“The plaintiff should not have been removed. It’s not in dispute, ‘he said.
Judge Xinis said the action of the administration is a “direct offense” of the law.
“There is no legal way” he could be removed if he was subject to a court order that blocked his removal, she said.
Asked what basis the government deported to the Salvadoran prison condemned by human rights organizations, Elez said, “I don’t know.”
It seems that Erez suggested that the administration act against the advice of office.
A separate federal judge in Washington, DC, temporarily blocked Trump to deport immigrants under the Uien Enemies Act, a block maintained by the judges of the Court of Appeal last week. The administration is now asking the Supreme Court to intervene and reverse the judge’s order.
District Judge James Boasberg, who oversees the case, is considering whether Trump’s officials want to keep contempt after it seemed to ignore his court orders that hindered the flights in the first place to reach El Salvador.
This is a developing story
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