Trump Defies Supreme Court

The Trump administration is arguing in court that it has no legal obligation to bring back Kilmar Abrego Garcia, a man it deported in violation of a court order, signaling that officials do not believe the recent Supreme Court decision requires them to secure his return to the United States.

In a seven-page filing submitted to U.S. District Judge Paula Xinis, attorneys from the Justice Department stated that fulfilling the court’s request would mean interfering with the sovereignty of another nation El Salvador and therefore exceeded the authority of the judiciary. “All of those requested orders involve interactions with a foreign sovereign and potential violations of that sovereignty,” the filing reads. “[A] federal court cannot compel the Executive Branch to engage in any mandated act of diplomacy or incursion upon the sovereignty of another nation.”

Abrego Garcia, a Salvadoran national, reportedly entered the U.S. unlawfully around 2011 and had been living in Maryland. Although he was denied asylum, an immigration judge ruled in 2019 that he could not be deported back to El Salvador because of a well-documented fear of persecution by a local gang. Despite that ruling, the Trump administration acknowledged deporting him earlier this year in defiance of the court’s order.

Even after the Supreme Court declined to block a lower court ruling that directed the administration to facilitate Abrego Garcia’s return, officials have not complied with Judge Xinis’ mandate to provide daily updates detailing their efforts. On Sunday, Evan Katz, assistant director of removal operations for Immigration and Customs Enforcement (ICE), reported that there were “no updates” on the case. The previous day, a similarly sparse response was submitted by Michael Kozak, the State Department’s acting head for Western Hemisphere Affairs, confirming that Abrego Garcia remains alive in CECOT prison in El Salvador.

The administration has also refused to provide any further information about how Abrego Garcia and hundreds of other foreign nationals were transferred to the notorious prison. In one of its court filings, officials claimed those details are classified and potentially protected by attorney-client and state secrets privileges, further complicating any efforts to scrutinize the program.

The Trump administration’s stance has drawn significant criticism from immigration advocates and members of Congress, particularly within the Congressional Hispanic Caucus, who have called attention to Abrego Garcia’s case as a troubling example of executive overreach and disregard for judicial authority.