Immigration

Judge says Trump lawyers’ failure to explain how they plan to return Kilmar Abrego Garcia to US ‘extremely troubling’ – live


Judge says it’s ‘extremely troubling’ Trump administration cannot tell her location of man it illegally deported

US federal judge Paula Xinis has said it is “extremely troubling” that the Trump administration failed on Friday to comply with a court order to provide details on the status of Kilmar Abrego Garcia, whom it illegally deported to El Salvador.

Xinis demanded at a hearing that the administration identify the whereabouts of Abrego Garcia, who was sent to El Salvador on 15 March.

Xinis repeatedly pressed a government attorney for answers. She said:

I’m not sure what to take from the fact that the supreme court has spoken quite clearly and yet I can’t get an answer today about what you’ve done, if anything, in the past.

Drew Ensign, an attorney with the Department of Justice, repeated what the administration had said in court filings, that it would provide that information by the end of Tuesday, once it evaluated the supreme court ruling.

The administration said in a court filing earlier on Friday that it was “unreasonable and impracticable” to say what its next steps are before they are properly agreed upon and vetted. The filing said:

Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review.

Abrego Garcia’s lawyers said in a Friday court filing “the government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk”.

Key events

This is some useful detail from the New York Times (paywall) on the nitty gritty on the case of Kilmar Abrego Garcia.

While the supreme court’s ruling appeared at first to be a victory for Abrego Garcia and his family, it contained a line that Trump officials could ultimately use to reiterate their position that they could not be forced to bring him back from El Salvador.

In their decision, the justices never defined what they meant by “facilitate and effectuate” his return, sending that question back to US district judge Paula Xinis to flesh out.

Indeed, the justices cautioned Xinis that when she clarified the steps the White House should take, her decision needed to be made “with due regard for the deference owed to the executive branch in the conduct of foreign affairs”.

In their filing on Friday, lawyers for the Justice Department said they wanted Xinis to issue her clarification before they laid out what the White House planned to do to free Abrego Garcia from El Salvador. They wrote:

It is unreasonable and impracticable for defendants to reveal potential steps before those steps are reviewed, agreed upon, and vetted. Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review.



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