The Department of Justice (DOJ) argued in a court filing on Sunday that federal courts have “no authority” to force the Trump administration to seek the return of a Maryland man mistakenly deported to El Salvador.
The DOJ lawyers were responding to a filing from lawyers for Kilmar Abrego Garcia, who recommended actions the administration should take to free their client, and suggested a contempt of court hearing should be scheduled.
Abrego Garcia’s lawyers suggested the administration should send planes and personnel to El Salvador to bring him back home.
Lawyers for the administration rejected any efforts by the courts to compel such actions.
“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,” Trump officials said in a Sunday filing in federal court in Maryland.
“That is the ‘exclusive power of the President as the sole organ of the federal government in the field of international relations,’” the officials added.
The Supreme Court on Thursday instructed the Trump administration to take steps to return Abrego Garcia who in 2019 received a judgment allowing him protection from removal to El Salvador from a U.S. immigration court. However, it was vague on what steps Trump officials should take.
The DOJ filing argues the high court ruling only applies to domestic measures, and contends separation of powers prevents the court from telling the Trump administration how to conduct foreign policy.
U.S. District Judge Paula Xinis tore into the Justice Department at a Friday hearing for refusing to comply with her order for more information about a man mistakenly deported to El Salvador, and how the government is seeking his return.
“Have they done anything?” U.S. District Judge Paula Xinis, appearing visibly frustrated, pressed Deputy Assistant Attorney General Drew Ensign
“Your honor, I don’t have personal knowledge,” Ensign responded.
“OK, so they’ve done nothing,” Xinis replied.
Abrego Garcia’s legal team on Saturday asked the court to compel the Trump administration to “ensure his safe passage to the aircraft that will return him to the United States,” and suggested the Trump administration lawyers should show by Monday morning why it shouldn’t be held in contempt.
In its response on Sunday, the DOJ lawyers argued against any “intrusive supervision,” apart from daily status updates on the case, which it also opposes.
“The Court should therefore reject Plaintiffs’ request for further intrusive supervision of the Executive’s facilitation process beyond the daily status reports already ordered,” they added.
In a Saturday update, officials said Abrego Garcia “is alive and secure in that facility” and “detained pursuant to the sovereign, domestic authority of El Salvador.” It said it had no updates in another filing Sunday.
The Trump officials also said that they “object to the requirement of daily status reports and reserve the right to challenge that requirement further.”
The Hill has reached out to a law firm of counsel for Abrego Garcia for comment.