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Trump officials renew opposition to ruling on Maryland man wrongly deported to El Salvador

The Trump administration on Sunday evening doubled down on its assertion that a federal judge cannot force it to bring back to the United States a Maryland man who was unlawfully deported to a notorious prison in El Salvador last month.

In a brief legal filing, the Justice Department reiterated its view that courts lack the ability to dictate steps that the White House should take in seeking to return the man, Kilmar Armando Abrego Garcia, to U.S. soil, because the president alone has broad powers to handle foreign policy.

“The federal courts have no authority to direct the executive branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” lawyers for the department wrote. “That is the ‘exclusive power of the president as the sole organ of the federal government in the field of international relations.’”

The position taken by Trump officials was not the first time they had tried to defy efforts compelling them to seek Mr. Abrego Garcia’s return from El Salvador. Still, their continued recalcitrance meant that Mr. Abrego Garcia, a 29-year-old father of three, would for now remain at the CECOT prison in El Salvador, where he was sent with scores of other migrants on March 15.

The administration’s stubbornness was also likely to heighten tensions between the White House and the judge overseeing the case, Paula Xinis. Judge Xinis has scheduled a hearing to discuss next steps in the matter on Tuesday in Federal District Court in Maryland.

The conflict has persisted even though the Supreme Court last week unanimously ordered the administration to “facilitate” Mr. Abrego Garcia’s release from Salvadoran custody. Trump officials have in fact already admitted that they made an “administrative error” when they put Mr. Abrego Garcia on the plane to El Salvador in the first place.

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Source: Elections - nytimes.com


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