The Trump administration acknowledged that Garcia's deportation was a consequence of a "administrative error", yet it appealed against the decision of the lower court to "enforce and allow" his return to the United States, according to judicial documents.
Last Thursday, the ultimate Court refused to block an earlier ruling of the Maryland territory Court. The judges found that "The government has a work to facilitate Garcia's release from Salvadoran detention and warrant him a trial in the US as if deportation never took place".
Kilmar Abrego Garcia, a migrant from El Salvador, was included in a group of people who were placed on board an American military aircraft last period and transported to Cecot – a Salvadoran prison, known for its harsh conditions and holding gang members. All by agreement between the US and El Salvador.
Simon Sandoval-Moshenberg, Garcia's lawyer, stressed in a Thursday message that the regulation of law prevailed in the case. "The ultimate Court has maintained the decision of the lower court that the administration must bring Kilmar home" – stated.
Trump's administration tried to convince the ultimate Court to repeal the injunction given by justice Paula Xinis, arguing that the US authorities cannot force El Salvador to return Garcia. Moreover, officials stressed that the decision of the lower instance court went beyond its abroad policy competence.
Deportavja despite the decision of the immigration court. My wife fought to free Garcia.
The U.S. was accusing Garcia of being active with the MS-13 gang, which he powerfully denies his lawyer. He was deported despite the decision of the immigration court, which in the past granted him protection from expulsion from the US – he was feared to be a victim of persecution by local criminal groups in El Salvador.
Kilmar Garcia, present a 29-year-old man, illegally crossed the U.S. border as a teenager. In 2019, he was placed in the hands of the national immigration services, but the court granted him the right to stay in the country. However, his deportation took place on March 15, although the court banned this proceeding.
Jennifer Vasquez Sura, Garcia's wife, who holds American citizenship, has been fighting for his release since her husband was deported. As she said in an interview with the “New York Times”, the ultimate Court decision is simply a ray of hope for her. “It’s inactive an emotional rollercoaster for me and our family. I'm not giving up until my husband gets home. She stressed.
The case will return to the lower court, which is to further clarify its earlier guidelines. The ultimate Court judges suggested that justice Xinis may have exceeded her powers and that it is essential to take account of the President's prerogatives in abroad affairs. The ultimate Court judgement besides indicates that the procedure for bringing Garcia back from El Salvador may take additional time — the court has not set a time limit for his return.
