The administration of former President Donald Trump has asked the U.S. Supreme Court to halt lower court rulings that require a man deported to El Salvador to be returned to the United States.
A federal judge in Maryland had ordered the government to bring Kilmar Abrego Garcia back to the U.S. by Monday night—an order later upheld by an appeals court. The government claimed Garcia was deported on March 15 due to an “administrative error,” but also alleged he is affiliated with the MS-13 gang—an accusation his family strongly denies.
In an emergency appeal to the Supreme Court, the administration argued that the Maryland judge lacked the authority to mandate Garcia’s return and emphasized that U.S. officials cannot force a sovereign nation like El Salvador to comply.
“The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding,” wrote U.S. Solicitor General D. John Sauer in the court filing.
He also stated that the Constitution assigns the responsibility of foreign diplomacy and national security—including deportation of individuals considered threats—to the President, not federal courts.
Garcia, who was living in the U.S. without legal status, had previously been granted protection from deportation by a judge in 2019.
