(WASHINGTON) — A federal judge has scheduled a hearing for Friday, following the Supreme Court’s order requiring the Trump administration to “facilitate” the release of a Maryland man who was deported to El Salvador in error last month.
In an order filed late Thursday, U.S. District Court Judge Paula Xinis directed the Trump administration to take all available steps to facilitate the return of Kilmar Armando Abrego Garcia to the U.S. “as soon as possible.”
The judge also ordered the Trump administration to file a supplemental declaration from an individual with personal knowledge acknowledging the current physical location of Abrego Garcia and what steps the administration will take to facilitate his immediate return
The hearing is set for 1 p.m. ET Friday.
Earlier Thursday, the Supreme Court largely upheld an earlier order issued by the lower-court judge ordering the Trump administration to take steps to return the man.
“The order properly requires the Government to ‘facilitate’ Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” the Supreme Court’s unsigned order stated.
Abrego Garcia — despite having protected legal status preventing his deportation to El Salvador, where his attorneys say he escaped political violence in 2011 — was sent to that country’s notorious CECOT mega-prison following what the government said was an “administrative error.”
The Trump administration has claimed Abrego Garcia was a member of the MS-13 gang, which his lawyers and his wife deny, and argued in legal filings that because Abrego Garcia is no longer in U.S. custody, the courts cannot order him to be returned to the U.S. nor order El Salvador to return him.
“The order properly requires the Government to ‘facilitate’ Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” the Supreme Court’s unsigned order stated.
Abrego Garcia — despite having protected legal status preventing his deportation to El Salvador, where his attorneys say he escaped political violence in 2011 — was sent to that country’s notorious CECOT mega-prison following what the government said was an “administrative error.”
The Trump administration has claimed Abrego Garcia was a member of the MS-13 gang, which his lawyers and his wife deny, and argued in legal filings that because Abrego Garcia is no longer in U.S. custody, the courts cannot order him to be returned to the U.S. nor order El Salvador to return him.
In a statement, a Justice Department spokesman said: “As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs. By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President’s authority to conduct foreign policy.”
Reacting to the Supreme Court ruling, the attorney for Abrego Garcia told ABC News that “the rule of law prevailed.”
“The Supreme Court upheld the District Judge’s order that the government has to bring Kilmar home,” said Simon Sandoval-Moshenberg. “Now they need to stop wasting time and get moving.”
ABC News’ Alexander Mallin and Devin Dwyer contributed to this report.
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