Trump admin asks Supreme Court to block return of wrongly deported Maryland man

Trump admin asks Supreme Court to block return of wrongly deported Maryland man
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(WASHINGTON) — The Trump administration has asked the Supreme Court for emergency intervention in the case of a Maryland man the government — by its own admission — removed to El Salvador by mistake and now must return by 11:59 p.m. on Monday under a lower court’s order.

Solicitor General D. John Sauer argued in the filing that a federal court cannot order a president to engage in foreign diplomacy, which he says is implicitly involved in any potential return of Kilmar Armando Abrego Garcia, who the Trump administration alleges is a gang member.

“The Constitution charges the President, not federal district courts, with the conduct of foreign diplomacy and protecting the Nation against foreign terrorists, including by effectuating their removal,” Sauer writes. “And this order sets the United States up for failure. The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations.”

The appeal to the Supreme Court came Monday morning, just before the 4th Circuit Court of Appeals agreed with a ruling by U.S. District Judge Paula Xinis that Garcia must be returned by 11:59 p.m. on Monday

The 4th Circuit Court of Appeals rejected the Trump administration’s emergency motion to block the order to return Garcia to the U.S. after he was sent to a prison in El Salvador despite having protected legal status.

In a unanimous decision, the panel of three judges agreed Xinis’ order requiring the government “to facilitate and effectuate the return of [Garcia] by the United States by no later than 11:59 pm on Monday, April 7, 2025,” should not be stayed.

“The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process,” the judges said. “The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable.”

Xinis had ruled on Friday that Garcia must be returned to the U.S.

This is a developing story. Please check back for updates.

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