DOJ Ruling: “Federal Court Has No Authority to Force the Return of Deported MS-13 Gang Member”
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Kilmar Abrego Garcia, who was deported to El Salvador despite a court ruling protecting him from removal, was the subject of a campaign to get him returned, prompting the Department of Justice to take a strong legal position on Sunday. The Department of Justice vehemently denied in a federal court brief that the judiciary could order the executive branch to intervene in international affairs, particularly with respect to the attempts to extradite Garcia.
Supreme Court justices "have no authority" to order the Trump administration to negotiate with other nations, according to DOJ attorneys. A verdict by an immigration court in 2019 granted Garcia a stay of deportation. U.S. District Judge Paula Xinis chastised the Department of Justice for ignoring her requests for information regarding Garcia's deportation.
It was revealed that Garcia was wrongfully deported, and since then, he has been involved in court problems related to allegations of MS-13 gang activity in Maryland. The government should send planes and agents to El Salvador to get him back, his lawyers said; they even wanted a contempt hearing to make their case. On the other hand, the Department of Justice claimed the courts were going too far. The attorneys from the Department of Justice argued that "federal courts have no authority to direct the Executive Branch to conduct foreign relations in a particular way," referring to the President's constitutional authority.
Judicial precedent has upheld the long-held notion that the President is the "sole organ" of the federal government when it comes to foreign relations, which supports this stance. Although the Supreme Court had earlier mandated that Garcia be returned, it did not specify what exactly had to be done, according to Trump officials, especially in terms of diplomatic efforts.
Conflict in lesser courts has intensified despite directives from the highest court. U.S. District Judge Paula Xinis made her displeasure with the Justice Department's lack of openness and failure to provide crucial information regarding Garcia's removal and any attempts to get him back known during a hearing on Friday. Xinis bluntly reprimanded the department. The judge's concerns reflect a growing judicial frustration with what many perceive as a lack of executive responsibility in this case concerning immigration enforcement and human rights.
Although conservative legal scholars view the Department of Justice's stance as an essential safeguard of presidential authority and constitutional limits, advocacy groups have rallied around Garcia's wife, who addressed a press conference earlier this month. They claim that future administrations could be undermined if the courts are allowed to dictate foreign participation
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