Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Sunday's declaration regarding Abrego Garcia
Hat tip, Ken White
The case is Garcia et al. v. Noem et al.
Chris Geidner
@chrisgeidner.bsky.social
Follow
Today's declaration: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.64.0.pdf
Background at Law Dork from Saturday (with links to past coverage): https://www.lawdork.com/p/breaking-state-dept-official-says
State Dep't official says embassy confirms Abrego Garcia is alive in El Salvador's CECOT prison
Per the embassy, "Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador.”
www.lawdork.com
April 13, 2025 at 5:06 PM
@chrisgeidner.bsky.social
Follow
Today's declaration: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.64.0.pdf
Background at Law Dork from Saturday (with links to past coverage): https://www.lawdork.com/p/breaking-state-dept-official-says
State Dep't official says embassy confirms Abrego Garcia is alive in El Salvador's CECOT prison
Per the embassy, "Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador.”
www.lawdork.com
April 13, 2025 at 5:06 PM
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lmpxbrjub22v
4 replies
= new reply since forum marked as read
= new reply since forum marked as read
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 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.
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.
