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

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      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.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      US deports 10 more alleged gang members to El Salvador, says Rubio

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      The US has deported another 10 people that it alleges are gang members to El Salvador, secretary of state Marco Rubio said on Sunday, a day before that country’s president is due to visit the White House.“Last night, another 10 criminals from the MS-13 and Tren de Aragua Foreign Terrorist Organizations arrived in El Salvador,” Rubio said in an Twitter/X post.The alliance between Donald Trump and El Salvador president Nayib Bukele “has become an example for security and prosperity in our hemisphere”, Rubio added.The US president is due to meet Bukele at the White House on Monday.Trump said on Saturday he was looking forward to meeting Bukele and praised him for taking “enemy aliens” from the United States. He said the two countries were working closely to “eradicate terrorist organizations”.Administration officials have repeatedly made public statements alleging that detained immigrants are gang members that they have not backed up in court.The Trump administration has deported hundreds of Venezuelans to a prison in El Salvador under the 1798 Alien Enemies Act.Lawyers and relatives of the migrants held in El Salvador say they are not gang members and had no opportunity to contest the US government assertion that they were. The Trump administration says it vetted migrants to ensure they belonged to Tren de Aragua, which it labels a terrorist organization.The deportations have been challenged in federal court. The US supreme court said the US government must give sufficient notice to immigrant detainees to allow them to contest their deportations. It did not say how those already in El Salvador could seek judicial review of their removals.The White House has come under fire recently after a Maryland man was wrongly deported to El Salvador last month. He was deported on one of three high-profile deportation flights to El Salvador made up chiefly of Venezuelans whom the government had accused of being gang members and assumed special powers to expel without a hearing.Trump administration lawyers were able to confirm on Saturday that Kilmar Abrego García, 29, remains confined in a notorious prison in El Salvador. However, the White House did not detail the steps it was taking to return Abrego García to the United States. More

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      Trump’s already skirting due process. Now he’s musing about deporting citizens | Moira Donegan

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      They’re rounding people up, and you could be next. The Trump administration has largely dispensed with due process rights in deporting immigrants, who are now being targeted for their protected speech, having their visas or green cards summarily cancelled without process and sometimes without notice, and getting kidnapped off the streets and hustled into vans so that they can be shipped to “detention centers” too far away for their loved ones, or their lawyers, to visit them.Some immigrants are being targeted for disappearance because they oppose Israel’s genocide of Palestinians in Gaza, an opinion that it is now physically dangerous, instead of merely unpopular, to hold. But others the government seems to be seizing almost at random. More than 200 Venezuelan nationals have been seized and deported to a mega-prison in El Salvador, rendered outside of US jurisdiction in defiance of judges’ orders demanding that their deportation flights be stopped. Of those Venezuelans, most had no criminal record. Other deportees, like the Maryland father and sheet metal worker Kilmar Abrego García, seem to have been deported by mistake; the Trump administration says that Abrego García, who they admit they did not mean to deport, will not be brought back to his family in the United States. Conveniently, the fact that they have deported him to a foreign prison is supposed, in the Trump administration’s logic, to absolve them of responsibility for putting him there. “We suggest the judge contact [Salvadoran] President Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador,” the White House said, obnoxiously, after a judge ordered them to bring Abrego García back.Meanwhile, the sadism of the deportations, and the cruelty of the Salvadoran prison where the men are being kept, seem to hold a kind of aesthetic appeal for the Trump camp. The homeland security secretary, Kristi Noem, recently flew to the El Salvador prison for a photoshoot with the captives there, where she stood in front of a crowd of men packed into a cell behind bars with her hair coiffed in long beachy waves.Now, the Trump administration may be seeking to extend the lawlessness and cruelty of its deportation regime to the next logical target: American citizens. The White House spokesperson, Karoline Leavitt, confirmed on Tuesday that the Trump administration is considering pathways to deport citizens as well. “The president has discussed this idea quite a few times publicly. He’s also discussed it privately. You’re referring to the president’s idea for American citizens to potentially be deported,” she said. “The president has said, if it’s legal, if there is a legal pathway to do that, he’s not sure.”This would be illegal. But so is so much of what the Trump administration is doing with its deportation policies. It is illegal to cancel visas and green cards without due process, as the Trump administration has done and continues to do as part of a widening dragnet in its anti-immigrant purges. It is illegal to target immigrants for their speech, as the Trump administration has done to pro-Palestinian and anti-genocide activists, from Rümeysa Öztürk to Mahmoud Khalil. It is illegal to deport people to a foreign prison where they have no recourse to enforce their rights and no path to pursue their freedom – it is illegal to do this, as the Trump administration has done, specifically to prevent its victims from seeking to enforce their own rights in American courts. And it is illegal to ignore the binding orders of federal judges to stop all of this conduct in order to ensure that the deportations can continue, punishing innocent people, silencing protected speech, and scaring whole populations out of work, travel, political participation or any of the other daily dignities that they are supposed to be entitled to in this country.But the law, increasingly, is whatever the Trump administration decides it is. And there is no force that seems prepared to make them obey the law when their will does not incline them to do so.That is because the supreme court has been no help, and if anything has acted, so far, as all but an accomplice to Trump’s dismantling of the rule of law in his pursuit of anti-immigrant vengeance. Lower court judges have attempted to intervene on behalf of the disappeared immigrants, issuing orders commanding the Trump administration to stop deportations under a long-dormant 1798 wartime measure known as the Alien Enemies Act, and to return Abrego García to the US immediately. But the supreme court has stepped in to pause these orders, allowing the Trump administration’s deportation agenda to continue. In the Abrego García case, the court weakened a district court order to “effectuate” the innocent man’s freedom and return to a mere command that they “facilitate” it, and only in ways that don’t interfere with the executive branch’s foreign policy prerogatives – in practice, a weakening of the demand to bring Abrego García back home to a request that the Trump administration provide more plausible deniability when they refuse to do so. And while Brett Kavanaugh weighed in with a concurrence to make a pious declaration of the need for due process in deportation proceedings, the court’s actions speak louder than its words: they are allowing the kidnapping and deportation of US residents to continue without due process.The legal precedents being established in these immigration disappearance cases have no limiting principles: if visa holders, asylum seekers and legal permanent residents can be snatched and deported with effectively no practicable recourse to due process protections, then there is no reason why citizens can’t be. It is in the interest of every American citizen to take an active stand in defense of our immigrant neighbors. Because once the Trump administration decides that they have no rights, then neither do we. More

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      Trump DoJ unable to tell court where man wrongly deported to El Salvador is

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      Lawyers for the Trump administration were unable on Friday to tell a federal court exactly where the Maryland resident who was wrongly deported to El Salvador last month is or how he is, as the judge admonished the government at a heated hearing.The US district judge Paula Xinis said it was “extremely troubling” that the Trump administration failed to comply with a court order to provide details on the whereabouts and status of the Salvadorian citizen Kilmar Abrego García and she wanted daily updates on what the government is doing to bring him home.“Where is he and under whose authority?” Xinis asked in a Maryland courtroom.“I’m not asking for state secrets,” she said. “All I know is that he’s not here. The government was prohibited from sending him to El Salvador, and now I’m asking a very simple question: where is he?”The government side responded that it had no evidence that he is not still in El Salvador. “That is extremely troubling,” Xinis said.As Newsweek reported, Xinis added: “We’re not going to slow-walk this … We’re not relitigating what the supreme court has already put to bed.”The US supreme court on Thursday upheld the judge’s order to facilitate Abrego García’s return to the US, after a lawsuit filed by the man and his family challenging the legality of his summary deportation on 15 March.Abrego García has had a US work permit since 2019 but was stopped and detained by Immigration and Customs Enforcement (Ice) officers on 12 March and questioned about alleged gang affiliation. He was deported on one of three high-profile deportation flights to El Salvador made up chiefly of Venezuelans whom the government accuses of being gang members and assumed special powers to expel without a hearing.Xinis on Friday repeatedly pressed a government attorney for answers but the administration defied her order for details on how or when it would retrieve Abrego García and claimed she had not given them enough time to prepare.“I’m not sure what to take from the fact that the supreme court has spoken quite clearly and yet I can’t get an answer today about what you’ve done, if anything, in the past,” Xinis said.Drew Ensign, an attorney with the Department of Justice, repeated what the administration had said in court filings, that it would provide the requested information by the end of Tuesday, once it evaluated the supreme court ruling.“Have they done anything?” Xinis asked. Ensign said he did not have personal knowledge of what had been done, to which the judge responded: “So that means they’ve done nothing.”The administration said in a court filing earlier on Friday that it was “unreasonable and impracticable” to say what its next steps are before they are properly agreed upon and vetted.“Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review,” the filing said.Abrego García’s lawyers said in a Friday court filing: “The government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk.”The case highlights the administration’s tensions with federal courts. Several have blocked Trump policies, and judges have expressed frustration with administration efforts – or lack of them – to comply with court orders.Abrego García’s wife, US citizen Jennifer Vásquez Sura, has not been able to speak to him since he was flown to his native El Salvador last month and imprisoned. She has been rallying outside court and has urged their supporters to keep fighting for him “and all the Kilmars out there whose stories are still waiting to be heard”.The family sued to challenge the legality of his deportation and on 4 April Xinis ordered the administration to “facilitate and effectuate” his return. The administration challenged that order at the supreme court, which upheld Xinis’s order but said the term “effectuate” was unclear and might exceed the court’s authority.The justice department in a supreme court filing on 7 April stated that while Abrego García was deported to El Salvador through “administrative error”, his actual removal from the United States “was not error”. The error, department lawyers wrote, was in removing him specifically to El Salvador despite the deportation protection order.Asked at the White House media briefing on Friday if Donald Trump wants the president of El Salvador, Nayib Bukele, to bring Abrego García with him when he visits the US on Monday, the press secretary, Karoline Leavitt, said the supreme court’s ruling “made it very clear that it’s the administration’s responsibility to ‘facilitate’ the return, not to ‘effectuate’ the return”.Similarly, the administration’s court filing said: “The court has not yet clarified what it means to ‘facilitate’ or ‘effectuate’ the return as it relates to this case, as [the] plaintiff is in the custody of a foreign sovereign. Defendants request – and require – the opportunity to brief that issue prior to being subject to any compliance deadlines.”Maya Yang, Reuters and the Associated Press contributed reporting More

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      in Elections

      Lawyers for Venezuelans Challenge Alien Enemies Act Deportations in Texas

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      Broadening their efforts to stop the Trump administration from using a rarely invoked wartime statute to carry out deportations, lawyers for the American Civil Liberties Union on Wednesday asked a federal judge in Texas to bar the White House from using the law to send Venezuelan migrants to El Salvador.The filings by the A.C.L.U., submitted in Federal District Court in Brownsville, Texas, were in direct response to a Supreme Court decision on Monday. That ruling permitted the migrants to challenge efforts to deport them under the wartime law, known as the Alien Enemies Act, but only in the place they were being held.The three Venezuelans identified in the Texas filings — albeit only by their initials — had already secured a court order from a federal judge in Washington last month shielding them from being flown to El Salvador under President Trump’s invocation of the act. But the Supreme Court, in its ruling, vacated the order by that judge, James E. Boasberg, saying that the A.C.L.U.’s case on behalf of the men should have been filed in Texas, not Washington.On Tuesday, the A.C.L.U. filed a similar case in New York, noting that two of the Venezuelans subject to Mr. Trump’s proclamation had been moved from a detention center in Texas to one in the town of Goshen, in Orange County, N.Y. An emergency hearing has been scheduled in that case for Wednesday morning in Federal District Court in Manhattan.Mr. Trump’s efforts to use the Alien Enemies Act to deport scores of Venezuelan migrants have set off one of the most contentious legal battles of his second term. It began last month, after the president invoked the act, which has been used only three times since it was passed in 1798, to authorize the deportation of people he claims were members of Tren de Aragua, a violent Venezuelan street gang.The A.C.L.U. immediately challenged Mr. Trump’s use of the act in court filings in Washington, even as the administration rushed more than 100 Venezuelan migrants on to planes to El Salvador. Once there, they were put in a megaprison called CECOT, known for its brutal conditions.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Guardian view on the US immigration crackdown: what began with foreign nationals won’t end there | Editorial

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      While running for president, Donald Trump promised voters “the largest deportation operation in American history”. Now he wants to deliver. Thousands of undocumented migrants have been rounded up by Immigration and Customs Enforcement officials since he returned to the White House. On Monday, the US supreme court lifted a judge’s ban on deporting alleged gang members to Venezuela under an 18th-century law, though it said deportees had a right to judicial review. Even the Trump-backing podcaster Joe Rogan has described as “horrific” the removal of an asylum seeker – identified as a criminal because he had tattoos – under the 1798 Alien Enemies Act.What’s truly new is that the administration is also targeting those who arrived and remained in the US with official approval, such as the Palestinian activist and student Mahmoud Khalil. Normally, green card holders would be stripped of their status if convicted of a crime; he has not even been accused of one. But Mr Trump had pledged to deport international students who participated in pro-Palestinian protests that his administration has deemed antisemitic, and Mr Khalil was a leading figure in the movement at Columbia University. The president crowed that his arrest last month was “the first of many”. Rümeysa Öztürk, a Turkish student at Tufts, was detained by masked agents in the street, reportedly for an opinion piece she co-wrote with other students. Unrelated to the protests, dozens if not hundreds more students have had visas revoked, often for minor or non-criminal offences.This crackdown is exploiting legislation in ways that were never intended. The Alien Enemies Act was previously invoked only in wartime – but Mr Trump casts mass migration as an “invasion”. Mr Khalil and others are targeted under a rarely used provision of the Immigration and Nationality Act, which allows deportations when the secretary of state determines that a foreign national’s presence “would have potentially serious adverse foreign policy consequences for the United States”. And while this campaign is indiscriminate in many regards, Mr Trump’s offer of asylum to white Afrikaners facing “unjust racial discrimination” in South Africa speaks volumes about who is and is not wanted in his America.The current fear among migrants, with all its social costs, is not a byproduct of this drive, but the desired result. The Trump administration is trying to push undocumented individuals into “self-deporting”, which is cheaper and easier than using agents to hunt people down. It reportedly plans to levy fines of up to $998 a day if those under deportation orders do not leave – applying the penalties retroactively for up to five years. Fairness, never mind mercy, is not relevant. The administration admits an “administrative error” led to the expulsion to El Salvador of Kilmar Abrego Garcia – who is married to a US citizen and was working legally in the US – but fights against righting that wrong.This crackdown should frighten US nationals too, both for what it says about their nation’s character and for what it may mean for their own rights. The Trump administration wants to remove birthright citizenship and is ramping up denaturalisation efforts. “I love it,” said Mr Trump, when asked about El Salvador’s offer to jail US citizens in its infamous mega-prisons – though at least he conceded that he might have to check the law first. The chilling effect of Mr Khalil’s arrest on dissent is already being felt by US nationals too: the first amendment’s protection of free speech is not exclusive to citizens.“The friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow,” Thomas Jefferson wrote when the alien and sedition laws were passed. That warning now looks more prescient than ever.

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      DoJ lawyer put on leave after not backing erroneous deportation of Maryland man

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      A federal justice department attorney has been placed on leave by the Trump administration for purportedly failing to defend the administration vigorously enough after it says it erroneously deported a Maryland man to El Salvador, which a US judge called a “wholly lawless” detention.The action against justice department lawyer Erez Reuveni came after US district judge Paula Xinis had ordered that Kilmar Abrego Garcia, a Salvadoran immigrant who lived in the US legally with a work permit, be returned to Maryland despite the Trump administration’s position that it cannot return him from a sovereign nation.The administration has appealed the case, and a ruling is expected as soon as Sunday night ahead of an 11.59pm Monday deadline for his return, which was set by the judge.Donald Trump’s attorney general, Pam Bondi, went on Fox News Sunday and announced there that Reuveni was no longer actively working on the Abrego Garcia case or in the justice department in general.At a court hearing on Friday, Reuveni struggled to answer questions from the judge about the circumstances of Abrego Garcia’s deportation.Reuveni said he had raised questions with US officials about why the federal government could not bring back Abrego Garcia but had received no “satisfactory” answer. He acknowledged what he called an “absence of evidence” justifying Abrego Garcia’s detention and deportation.Of Reuveni, Bondi told Fox News Sunday: “It’s a pending matter right now. He was put on administrative leave by [deputy US attorney general] Todd Blanche on Saturday.“You have to vigorously argue on behalf of your client.”Reuveni’s supervisor, August Flentje, was also placed on leave, ABC News reported.The justice department did not immediately respond to a request for comment on the report.Reuveni and Flentje, who according to his LinkedIn page is the deputy director of the justice department’s office of immigration litigation, civil division, did not immediately respond to requests for comment.Trump’s administration asserted in previous court filings that it had erroneously deported Abrego Garcia to his home country despite a previous court order prohibiting his removal.The White House and administration officials have accused Abrego Garcia of being a criminal gang member, but there are no pending charges. His lawyers have denied the allegation.Xinis, in a written order on Sunday explaining her Friday ruling, said “there were no legal grounds for his arrest, detention or removal” or evidence that Abrego Garcia was wanted for crimes in El Salvador.“Rather, his detention appears wholly lawless,” she wrote in the filing.Abrego Garcia had complied fully with all directives from immigration officials, including annual check-ins, and had never been charged with or convicted of any crime, the judge wrote.Abrego Garcia was stopped and detained by immigration agents on 12 March and questioned about his alleged affiliation with the MS-13 gang, which he has denied.Abrego Garcia has been detained in El Salvador’s terror confinement center, colloquially known as Cecot, which the judge called “one of the most dangerous prisons in the western hemisphere”.The Trump administration has faced criticism in the US courts and elsewhere of its stepped-up enforcement against immigration rights. A judge in Washington DC is separately weighing whether the Trump administration violated a court order not to deport alleged Venezuelan gang members amid ongoing legal proceedings.Some of those deported have active asylum cases, and civil rights groups have argued the administration has failed to provide due process under the law.Bondi on Sunday vowed to continue the administration’s deportations, maintaining: “The best thing to do is to get these people out of our country.” More

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      Judge Calls Mistaken Deportation of Maryland Man a ‘Grievous Error’

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      The Trump administration committed a “grievous error” that “shocks the conscience” by inadvertently deporting a Salvadoran migrant to a notorious prison last month and then declaring there was little it could do to bring him back, a federal judge in Maryland said on Sunday.The strongly worded order by the judge, Paula Xinis, served two purposes: It offered a more detailed explanation of a brief ruling she issued on Friday, demanding that the White House bring the migrant, Kilmar Armando Abrego Garcia, back to the United States by the end of Monday. And it rejected a request by the Justice Department to pause the order as a federal appeals court considered its validity.Over 22 pages, Judge Xinis took Trump officials to task for deporting Mr. Abrego Garcia to El Salvador on March 15 in violation of a previous court order that allowed him to stay in the United States. Administration officials then argued that neither they nor she as the judge overseeing the case had any power to retrieve him from the prison.“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Judge Xinis wrote. “Having confessed grievous error, the defendants now argue that this court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return.”Moreover, Judge Xinis questioned the administration’s underlying claims that Mr. Abrego Garcia, 29, was a member of a violent transnational street gang, MS-13, which officials recently designated as a terrorist organization. The judge described those claims as being based on “a singular unsubstantiated allegation.”“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie,” she wrote, “and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never lived.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More