The Supreme Court temporarily blocks the order to return the man deported to El Salvador

The supreme judge John G. Roberts Jr. temporarily blocked the order of a trial judge on Monday who directed the United States to return a Savedoregno migrant who had inadvertently deported.

Chief Justice, acting alone, issued an “administrative stay”, a temporary measure intended to give judges a little breath while the court considers the matter.

The order arrived a few hours after the administration he asked the court To block the order of the trial judge who instructs the government to return the migrant, Kilmar Armando Abrego Garcia, by 11:59 pm on Monday.

Judge Paula Xinis of the Federal District Court in Maryland had said that the Administration made a “serious mistake” that “silly the conscience” by sending Mr. Abrego Garcia, in a notorious prison to El Salvador last month.

In the emergency request of the Administration, D. John Sauer, the prosecutor General of the United States, said that judge Xinis has passed his authority by committing herself in the “diplomacy of the district field”, because it would require working with the government of El Salvador to guarantee his liberation.

“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other aliens removed anywhere in the world at the end of the business,” he wrote. “Under that logical, the district courts actually would have the extraterritorial jurisdiction on the diplomatic relations of the United States with the whole world.”

In an answer In court, Abrego Garcia’s lawyers said that their client “is located in a foreign prison exclusively at the behest of the United States, as a product of a Kafka -style error”.

They added: “The order of the district court that instructs the government to facilitate the return of Abrego Garcia is routine. It does not imply a foreign policy or even the internal immigration policy in any case.”

Sauer, the administration’s lawyer, said that he didn’t matter that a judge of immigration had previously prohibited Abrego Garcia’s deportation to El Salvador.

“While the United States admit that the removal of El Salvador was an administrative error,” Sauer wrote, “who does not authorize the district courts to grasp control over foreign relations, treat the executive branch as a subordinate diplomat and ask that the United States have left a member of a foreign terrorist organization in America tonight”.

The administration claims that Abrego Garcia, 29, is a member of a violent transnational road band, MS-13, which officials have recently designated as a terrorist organization.

Judge Xinis, who was appointed by President Barack Obama, said that these statements were based on “a singular non -proven charge”.

“The” tests “against Abrego Garcia consisted of anything but his hat and the Chicago Bulls sweatshirt”, he wrote, “and a vague accusation and not corroborated by a confidential informant who stated that he belonged to the” western “clique of MS-13 in New York-A place where he never lived”.

The lawyers of Mr. Abrego Garcia said that there were no evidence that he had placed a risk.

“Abrego Garcia has lived freely in the United States for years, but has never been accused of a crime,” they wrote. “The thesis of the government that suddenly turned into a dangerous threat to the Republic is not credible”.

Shortly before the Department of Justice asked the Supreme Court to weigh, a group of three judges of the United States Court of Appeal for the fourth circuit unanimously rejected the attempt by the Department to pause the judgment of judge Xinis.

In a fortifying orderTwo judges compared the involuntary deportation of Mr. Abrego Garcia to an act of official kidnapping.

“The United States government does not have the legal authority to snatch a person who is legally present in the United States outside the street and remove it from the country without a fair trial,” wrote the judge Stephanie D. Thacker, who was appointed by Mr. Obama. “The thesis of the government otherwise and its argument that the federal courts are able to intervene, are inconceivable”.

Judge Thacker wrote that the Order of Judge Xinis “only requires that the United States government exercises the authority and the control that must have maintained on the prisoners who is temporarily residential to El Salvador”, adding that “requesting the government to make and facilitate the return of Abrego Garcia is not a new order”.

Judge Robert B. King, appointed by President Bill Clinton, joined the opinion of judge Thacker.

A third member of the panel, Judge J. Harvie Wilkinson III, issued a competitor’s opinion by agreeing that no stay was guaranteed, but stopping unless the position of the majority according to which judge Xinis had the power to say to the government to ask for the performance of Mr. Abrego Garcia.

“There is no doubt that the government ruined here,” wrote judge Wilkinson. But he made a distinction.

“It is right to read the order of the district court as one who requires the government to facilitate the release of Abrego Garcia, rather than asking for it,” wrote judge Wilkinson, appointed by President Ronald Reagan. “The first seems within the legitimate powers of the court in this circumstance; the second would be an intrusion on the basic executive powers that is too far away.”

Sauer said that the order of judge Xinis was one of a series of judgments from the courts that have passed their constitutional authority.

“It is the last of a litany of injunctions or temporary restriction orders from the same handful of district courts that require immediate or almost immediate conformity, on absurdly short deadlines,” he wrote.

In a separate emergency application, the administration asked the judges to evaluate his efforts to use the Alien Enemies Act of 1798 to expel Venezuelan migrants in prison in El Salvador. The Court has not yet acted on that question.

In court documents, the administration has stated that migrants are members of Tren de Aragua, a violent road gang rooted in Venezuela and that their removals are authorized pursuant to the law, which grants the president of the president to retain or expel the citizens of the enemy nations.

The president can invoke the law in moments of “declared War” or when a foreign government invades the United States. On March 14, President Trump signed a proclamation that targeted the members of Tren de Aragua, claiming that there was a “invasion” and a “predatory raid” in progress while invoking the law in war.

In the announcement, Trump said that the gang was “undertaking hostile actions” against the United States “in the direction, illegal or other” of the Venezuelan government.

Alan Feuer AND Abbie vansickle Contributed relationships.