Trump Admin Argues It Doesn’t Have To Return Suspected MS-13 Gangbanger Back To US
The Trump administration is arguing that it is not required to bring a suspected MS-13 gangbanger back to the United States after he was repatriated to his home country of El Salvador. The federal courts have no…
The Trump administration is arguing that it is not required to bring a suspected MS-13 gangbanger back to the United States after he was repatriated to his home country of El Salvador.
The federal courts have no authority to dictate White House foreign policy, the Department of Justice (DOJ) wrote in the latest court filings regarding Abrego Garcia, an illegal migrant who was deported back to El Salvador in March and sent to the Central American country’s infamous mega-prison. Lawyers for Garcia had demanded that the Trump administration facilitate his return back to the United States.
“The federal courts have no authority to direct the Executive Branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” lawyers for the DOJ wrote in a court filing Sunday. “That is the ‘exclusive power of the President as the sole organ of the federal government in the field of international relations.’”
Garcia’s lawyers are making demands that exceed constitutional authority because they are asking federal U.S. officials to extract from a sovereign nation one of their own citizens from their custody, the Trump administration argued in court.
“Such power is ‘conclusive and preclusive,’ and beyond the reach of the federal courts’ equitable authority,” the DOJ said. “But as explained, a federal court cannot compel the Executive Branch to engage in any mandated act of diplomacy or incursion upon the sovereignty of another nation.”
The court battle over Garcia’s fate began when Immigration and Customs Enforcement (ICE) agents apprehended