The lawyer of the man Salvador Kilmar Abrego Garcia greets the order of the Supreme Court, saying that « the rule of law prevailed ».
The United States Supreme Court has ordered the Government to « facilitate » the return of a Salvadore man deported wronglyIn a decision considered as a small victory against the immigration policy of President Donald Trump.
Kilmar Abrego Garcia, 29, lived in the eastern state of Maryland until he became one of the more than 200 people sent to a prison in El Salvador last month as part of Trump’s repression against migrants without documentation.
Most deportees were suspected of the Venezuelan gang Train of Aragua, which the Trump administration has declared a « foreign terrorist organization ».
But lawyers of the Department of Justice later admitted that Garcia, married to a United States citizen, was deported due to an « administrative error ».
In a decision issued on Thursday, the Supreme Court of the conservative majority ordered the Government to « facilitate » the release of Garcia from El Salvador’s prison « and to make sure that his case was managed, since he would not have been improperly sent to El Salvador. »
Simon Sandoval-Moshenberg, a lawyer for Abrego Garcia, greeted the court’s ruling, saying that « the rule of law prevailed. »
Garcia He had been living in the United States under legal state protected since 2019 when a judge ruled that he should not be deported because he could be harmed in his country of origin.
Following his deportation and internally to the notorious Cecot Antiterrorist Prison, the lower courts had ordered the United States Government to return it to the United States at midnight on Monday.
The Supreme Court launched this order before the deadline, after the administration requested an emergency sentence.
In its challenge, the Government argued that Garcia is a member of Salvadoran Gang MS-13, a claim that the lower courts found evidence.
The United States government also argued that he no longer had jurisdiction because Garcia now released that he is on the Salvadoran land, calling the orders of the lower « unprecedented and helpless » courts.
« We are sure that the people there (in Cecot) should be -and they should remain there the rest of their lives, » National Security Secretary Kristi Noem He said Wednesday, according to the site of Axios news.
The White House has trimmed a $ 6 million agreement with President Salvadore, Nayib Bukele, in exchange for his alleged gang in Ultra Security prison.
« The deadline (Monday) in the challenged order is no longer effective, » the Supreme Court ruled on Thursday.
However, « the rest of the District Court Order is still in effect », which requires the return of Abrego Garcia, the judges added, although the lower court must clarify its order « with the return of the deference left on the executive branch in the conduct of foreign affairs. »
A statement signed by the liberal judges Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson argued that there was no « right in law » for Garcia’s removal to El Salvador.
Human Rights Watch asked the United States Government on Friday to disseminate information on all the people who have moved to Cecot and allow them to contact the outside world, while denouncing the « cruelty » of the treatment of deportees by the governments of the United States and the Salvador.
In a recently issued separated decision, the Supreme Court ruled that Trump can continue the government deportation of Venezuelan migrants Under a war law of the eighteenth century.
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