The Trump administration has asked the Supreme Court emergency intervention in the case of a Maryland man, the government, by his own admission, moved to El Salvador by mistake and now must return at 11:59 pm on Monday under an order of the lower court.
The general lawyer D. John Sauer argued in the presentation that a federal court cannot order a president to participate in foreign diplomacy, which according to him is implicitly involved in any possible return of Kilmar Armando Abrego García, who alleges that the Trump administration is a member of a gang.
“The Constitution accuses the President, not the Federal District Courts, with the conduct of foreign diplomacy and the protection of the nation against foreign terrorists, even when carrying out their removal,” says Sauer. “And this order establishes the United States for failure. The United States cannot guarantee success in sensitive international negotiations in advance, and less that a court imposes a mandatory and compressed deadline date that greatly complicates the taking and taking of foreign relations negotiations.”
This photo provided by home, an immigrant defense organization, in April 2025, shows Kilmar Abrego García.
House through AP
The appeal before the Supreme Court occurred on Monday morning, just before the 4th Circuit Appeals Court agreed with a ruling by the United States District Judge, Paula Xinis, which Garcia must be returned at 11:59 pm on Monday
The 4th Circuit Court of Appeals rejected the emergency motion of the Trump administration to block the order to return Garcia to the United States after they sent him to a prison in El Salvador despite having protected the legal status.
In a unanimous decision, the panel of three judges agreed to the order of Xinis that required the government “to facilitate and carry out the return of [Garcia] For the United States no later than 11:59 pm on Monday, April 7, 2025, “should not stay.
“The United States government has no legal authority to snatch a person who is legally present in the United States outside the street and eliminate it from the country without due process,” said the judges. “The statement of the Government, otherwise, and its argument that federal courts are helpless to intervene, are inconceivable.”
Xinis had ruled on Friday that Garcia must be returned to the United States
This is a development story. Consult the updates again.
