Trump wants to stop court decisions if improperly deported man

On Friday, district judge Paula Xinis ordered the government to have the 29-year-old returned to the United States by 23.59 on Monday, following a lawsuit from his family.

White House has admitted to Abrego Garcia was accidentally deported. Nevertheless, the government is now turning to the Supreme Court to have the decision stopped, Reuters reports.

The government’s position is that there is nothing that the US government or judicial system can do to get Abrego Garcia released, now that he is in El Salvador’s hands.

« The United States does not control the nation El Salvador and cannot force El Salvador to follow a federal judge’s decision, » writes the administration’s lawyer John Sauer according to New York Times.

« According to this logic, district courts would in practice have extra -territorial legal competence over US diplomatic relations with the whole world, » Sauer continues.

Kilmar Abrego Garcia is Born in El Salvador but married to an American woman and has a child in the state of Maryland. He has not been convicted of any crimes – neither in his home country nor in the United States.

Abreco Garcia was taken to a notorious terrorist prison in El Salvador as part of the deportation of 238 alleged gang criminals on March 15. This is despite being granted legal protection from being expelled to El Salvador due to the risk of persecution in his home country. Last week, the White House confirmed that Abreco Garcia was accidentally sent, as a result of an « administrative error ».

In order to deport the alleged criminals, one was invoked Law from 1798 called Alien Enemies ACTwhich allows the president to be able to expel citizens in hostile countries from the United States in wartime.

The deportations have attracted a lot of attention and it has been questioned whether the expelled were really gang members, since no legal trial was carried out.