WASHINGTON (AP) — A federal judge didn’t have the authority to order the Trump administration to broker the return of a Maryland man who was mistakenly deported from the U.S. to a notorious El Salvador prison, government attorneys argued Saturday as they urged an appeals court to suspend the ruling.
U.S. District Judge Paula Xinis on Friday ordered the administration to “facilitate and effectuate” Kilmar Abrego Garcia’s return to the U.S. by late Monday night. Justice Department lawyers asked the 4th U.S. Circuit Court of Appeals to immediately pause the judge’s order.
“A judicial order that forces the Executive to engage with a foreign power in a certain way, let alone compel a certain action by a foreign sovereign, is constitutionally intolerable,” they wrote.
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