Lawyers take the Trump administration to unjustly return immigrant after the White House admits “clerical error”
Lawyers for a Salvadoran man who was erroneously deported from the United States to a notorious prison in El Salvador I will ask a judge to force Donald Trump‘S administration to try to get it back.
Government lawyers have admitted in a recent deposit of the court that federal agents accidentally deported Kilmar Abrego Garcia, despite the order of a judge who blocked his removal. They he called it “an administrative error. “
But despite having admitted the serious error, the officials of the Trump administration defended his removal and argued that the case is no longer in their hands. The government’s lawyers claim that it should not be returned, and even if it could, the court is missing the jurisdiction to order the Trump administration to do so, because it is no longer in the country.
Following the news of the admission of the government in judicial documents, vice -president JD Vance Falsely tagged Abrego Garcia a “member of the condemned band”. Press secretary of the White House Karoline Leavitt assuming there was a “clerical error” In his case, but he said, without providing evidence, that Garcia was a “leader” of Ms-13 Band and “involved in the section of human beings”.
“They are doing these crazy accusations against him,” said Abrego Garcia’s lawyer Simon Sandoval-Moshenberg The Independent on Tuesday. “There is a place where they could have made those accusations (in court). We would have responded to those completely. But they did not do it.”
Abrego Garcia fled the death threats and attempts to extort to El Salvador and crossed the border between the United States and Mexico without the legal permission in 2011 when he was 16 years old, according to the court documents. He has no criminal record in the United States or El Salvador, according to his lawyers.
He lived in Maryland with his 5 -year -old wife and his son, both US citizens.
Following his arrest outside a home deposit in 2019, one of the men arrested at his side during the interrogation accused him of being a member of the gang, although the officers at the time did not find the credible request, according to the court documents. Abrego Garcia was not accused of a crime, but was moved to the ice by the ice for its removal from the country.
A judge ultimately blocked the government to deport him to El Salvador in a form of humanitarian protection called “removal deduction” after his credible testimony that fears that he is threatened or killed by the members of the gang in that country. Based on this order, he is allowed to remain legally in the United States and must participate in regular check-in with ICE. His most recent apparition was in January, according to the court documents.
“They do not deny any of the facts in this regard,” said Sandoval-Moshenberg of the government’s refusal to report Abrego Garcia in the United States.
“They don’t say they don’t know about the order,” he said The Independent. “They do not say that it is sorry that this thing happened and are adopting reasonable measures to correct.”
In the meantime, his family is “waiting for any good news” from El Salvador, Sandoval-Moshenberg said.
His lawyers have labeled the confinement center of El Salvador’s terrorism a “torture center” supported by the dollars of American taxes.
“This grotesque performance of power without law is disgusting for our entire system of justice and should not be allowed to stand,” they wrote in court.
On Friday, the lawyers of Abrego Garcia will ask the judge to supervise his case for an order that would force the government to request the Salvadore government to request his return – a move that the lawyers are “optimistic” will work.
“Isn’t this the first step, asking for good? They didn’t even do it,” Sandoval-Moshenberg said The Independent. “In the past I had unjust deportation cases … they folded back to correct that error, even in the first administration of Trump.”
On March 15, Abrego Garcia joined dozens of immigrants who were expelled on a series of flights for the terrorism confinement center of El Salvador, where they were welcomed by armed guards and officers with a hood that have trusted their heads and enclosed them inside a group of human rights in prison called human rights groups in prison A “tropical gulag”.
Two of those deportation flights removed Venezuelan immigrants in the use of Trump of the Alien Enemies ActWhich has labeled the alleged members of Tren de Aragua “alien enemies” which can be summarily deported by the country without judicial supervision, according to the administration.
A federal judge temporarily blocked the administration from the execution of any other removal flight in that secular war law, a block that was supported by the judges of the appeal court last week. The administration is now asking the Supreme Court to intervene and overturn the order.
The removal of Abrego Garcia has outraged the supporters of civil rights and democratic legislators.
“It wasn’t actually a gang banger. It wasn’t a criminal. It was all a mistake,” democratic representative. Jamie Raskin He said during a congress audition Tuesday.
“This boy, who lives in my state, is married to an American citizen with city children, is blocked with the dictator of El Salvador,” he said.
According to Sandoval-Moshenberg, if the removal by the country depends on unfounded accusations by ice officers and “clerical errors” without appeal, it raises the chilling perspective that any American could be targeted in a similar way.
“This is not the application of immigration. This is clearly a judicial abortion that must be resolved,” said members of the Maryland Congress delegation in a note.
“The Trump administration admitted to an open court that he made a” error “. He must remedy this error by immediately reporting Mr. Abrego Garcia in America,” they wrote.
