Amid a slew of measures imposed by the Donald Trump administration, the deportation of a man to a prison in El Salvador has drawn the ire of a US judge, who ordered his return by Monday. In a scathing opinion, District Judge Paula Xinis termed the move to deport Kilmar Abrego Garcia a “grievous error” that “shocks the conscience.”
The judge was quoted by the BBC as saying Garcia was seized “without any lawful authority” and held “without legal basis,” in “direct contravention” of US law.
The court also rejected a request by the Justice Department to halt the order as a federal appeals court considered its validity, according to The New York Times.
“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Judge Xinis wrote. “Having confessed grievous error, the defendants now argue that this court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return.”
Judge Xinis further criticised the administration’s claims that Garcia, 29, was a member of the violent transnational street gang MS-13, which has been designated as a terrorist organisation. The judge termed those claims as being based on “a singular unsubstantiated allegation.”
Although the Trump administration admitted the deportation was an error, Attorney General Pam Bondi reiterated on Sunday during a Fox News interview that Garcia was a gang member, citing testimony from immigration agents.
Federal lawyer put on leave
After the Trump administration failed to defend its stance before the court, federal Justice Department lawyer Erez Reuveni, who served as acting deputy director of the department’s immigration litigation division, was put on leave for failing to “follow a directive from your superiors,” according to The New York Times. The Guardian reported that some of those deported have active asylum cases, and civil rights groups argue the administration has failed to provide due process under the law.
Story continues below this ad
While protests rock US streets over issues like immigration and human rights, Donald Trump’s Attorney General Pam Bondi remained firm on the administration’s stance on deportation, saying: “The best thing to do is to get these people out of our country,” as per The Guardian report.
© IE Online Media Services Pvt Ltd