The day after the highly anticipated oval office meeting where President El Salvador said he would not return a Maryland man who was deported wrongly in his country, the federal judge who ordered his return would hear from Trump’s administrative lawyer at the court hearing on Tuesday afternoon.
Kilmar Abrego Garcia entered his second month in a Mega El Salvador prison after he was deported there on March 15, despite the 2019 court orders prohibited his deportation to the country.
Administrative official Trump said Abrego Garcia, who escaped political violence at the 2011 El Salvador, was a member of the MS-13 criminal gang, but until now they had given a little evidence of the statement in court.
He was detained in Cecot El Salvador prison, who was famous for being cruel, along with hundreds of other migrant gang members, under the arrangement where Trump’s government paid $ 6 million to El Salvador to accommodate migrants deported from the United States as part of President Donald Trump’s immigration crush.
Attorney General Pam Bondi, in a meeting of the Monday oval office with President Trump and President El Salvador who visited, said that the return of Abrego Garcia “Whatever El Salvador.”
“If El Salvador … wants to return it, we will make it easier,” he said.
Asked by reporters about Abrego Garcia, President Bikele replied, “I have no strength to return it to the United States.”
In a motion submitted Tuesday before the trial, lawyer for Abrego Garcia argues that Trump’s government has not taken any steps to comply with orders to facilitate his release.
The photo was not dated provided by the US District Court for the Maryland District, a man identified by Jennifer Vasquez Sura as her husband, Kilmar Abrego Garcia, forcibly led by guards through the Center for Terrorism in Tecoluca, El Salvador.
US District Court for Maryland District via AP
“There is no evidence that there are people who ask for the release of Abrego Garcia,” they wrote in the submission.
The lawyer also questioned the government’s interpretation of the word “facilitating,” what the government said in submitting a limited court to eliminate domestic obstacles that would prevent the return of Abrego Garcia to the United States.
Interpreting the term in that way, lawyer Abrego Garcia argues, will make the “zero” of the Supreme Court that the government facilitates its release.
“To give meaning to the Supreme Court’s orders, the government must at least be asked to ask for the release of Abrego Garcia. Until now, the government has not done it,” they wrote in their motion.
In his daily update on the status of this case, was ordered last week by US District Judge Paula Xinis, the lawyer of the Department of Justice said that Monday afternoon that the Department of Domestic Security did not “have the authority to force alien to extract the domestic rights of foreign rulers.”
The photo was not dated provided by Murray Osorio PLLC showing Kilmar Abrego Garcia.
Murray Osorio PLLC via AP
The Supreme Court last week decided that the Xinis judge “correctly required the government to ‘facilitate’ the release of Garcia Abrego from detention in El Salvador and to ensure that his case was handled because he should not be sent to El Salvador incorrectly.”
“The government must be prepared to share what can be done by the steps that have been taken and the prospects of further steps,” added the High Court.
In an interview on Monday night with ABC News’ Linsey Davis, a lawyer for Abrego Garcia said he hoped that the trial Tuesday “lit a fire under the government to comply with the Supreme Court’s orders.”
“What are we asking for [of Trump] Exactly as the Supreme Court said to him, “said lawyer Benjamin Osorio.” I personally have worked with DHS before to facilitate the return of several other clients who were deported and then won their cases at the court of the circuit or in the Supreme Court, and ICE facilitated their return. “
“So we don’t ask anyone to do something illegal,” Osorio said. “We ask them to follow the law.”
“It feels a little like a spider-man meme where everyone points to others,” Osorio said about the claim of Bukele that he had no strength to restore Garcia. “But at the same time, I mean, we rented space from Salvador. We paid them to accommodate these people, so that we can stop payment and allow them to be returned to us.”
Asked if he was sure that Abrego Garcia would be returned, Osorio said he was worried but hoped.
“I am worried about the rule of law, I am worried about our constitution, I am worried about the legal process,” he said. “So at this point, I am optimistic to see what happened in a federal court hearing.”