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Supreme Court: Migrant “Mistakenly” Sent to El Salvador Should be Returned to the US

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The US Supreme Court upheld a District Judge’s decision ordering the return of migrant Garcia, whom the US deported to El Salvador, back to the US. The Supreme Court ruled for the return of the migrant that the Trump administration mistakenly deported to El Salvador on March 15th. The court requested the Washington administration to facilitate the return of El Salvadoran migrant Kilmar Abrego Garcia to the US. While the Trump administration alleged that Garcia was a member of the gang MS-13, Garcia’s lawyers and family denied these accusations. The Supreme Court’s decision came after the US Department of Justice requested to overturn a decision by Maryland District Judge Paula Xinis, which mandated the US government to ensure the migrant’s return. Garcia, who has had a work permit in the US since 2019 and lives in Maryland, and his family also objected to their deportation. The Supreme Court, in its decision announced on Thursday, pointed out that the judge’s earlier decision required the US government to facilitate Garcia’s return after his detention in El Salvador. According to the ruling, the US administration was requested to be prepared to share the steps taken so far and other possible actions during this process. Judge Sinis, in a statement following the Supreme Court’s decision on Thursday evening, mentioned that the US is obliged to take the necessary steps to facilitate Abrego Garcia’s return to the US as soon as possible. Xinis also decided to hold a hearing in federal court today at 1:00 pm local time to find out what steps the US has taken in relation to Garcia’s return. Simon Sandoval-Moshenberg, one of Garcia’s lawyers, welcomed the decision, stating that the rule of law prevailed. He said, “The Supreme Court upheld the judge’s order for the government to bring Kilmar back home. They must stop wasting time and take action now.” El Salvador’s Minister of Justice and Security, Gustavo Villatoro, addressing CNN International regarding the deportations from the US to El Salvador, claimed that intelligence on wanted gang members was provided and that those deported from the US to El Salvador were not randomly selected. Villatoro emphasized that data sharing with the US regarding gang members with pending arrest warrants in El Salvador continues, stating, “We provide detailed records. We raise our hands and say, ‘Look, this person.’ Those deported from the US to El Salvador are not randomly selected.” Villatoro remarked that those sent to the “mega prison,” known as the “hell on earth,” in El Salvador have criminal records, adding, “We check them all. If you are sure someone is a gang member in El Salvador, we catch and detain them. Some people may say, ‘but they are innocent.’ However, your criminal record speaks for itself. You might say ‘I’m not a member,’ but what about your criminal record?” The discussions about those deported to El Salvador arose after the experiences of Kilmar Abrego Garcia, a metalworker and father of three from Maryland. It was alleged that Garcia was deported to El Salvador due to a “typographical error” and sent to the mega prison. While the Trump administration claimed that Garcia was a member of the MS-13 gang, Garcia’s lawyers and family denied these allegations. Garcia’s wife, Jennifer Vasquez Sura, speaking to CNN, expressed how upsetting the accusations were, saying, “My children ask every day, ‘when will dad come home?'” Garcia’s lawyers rejected El Salvador’s allegations, stating, “These uncertain allegations made in the absence of transparency and legal process regarding Kilmar contradict the fact that a US immigration judge found him reliable and determined that he should be protected from deportation to El Salvador. Therefore, these allegations should not carry any weight.” The US Supreme Court had temporarily suspended the deadline for Garcia’s country return on April 7th. The court accepted Trump’s request to give judges more time to evaluate the case.

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