The Trump administration admitted that Garcia's deportation was the result of a “administrative error”, despite this, it appealed against the decision of a lower court, ordering “facilitating and enabling” his return to the United States ” – according to court documents.
Last Thursday, the Supreme Court refused to block the previous decision of the Maryland District Court. The judges decided that “The government is obliged to facilitate the release of Garcia from El Salvador's detention and guarantee him a trial in the US, as if the deportation never took place.”
Kilmar Abry Garcia, a migrant from El Salvador, was in a group of people who were placed on board an American military aircraft last month and transported to Cecot – a Salvado prison, known for harsh conditions and detaining gang members. Everything under an agreement between the USA and the El Salvador.
Simon Sandoval-Moshenberg, a lawyer of Garcia, emphasized on a Thursday statement that the rule of law had prevailed in the case. “The Supreme Court upheld the decision of a lower court that the administration must bring Kilmar to the house” – he noted.
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Trump's administration tried to convince the Supreme Court to repeal the order issued by judge Paula Xinis, arguing that the US authorities could not force Salvador to return Garcia. Moreover, officials emphasized that the decision of the lower court goes beyond its competence in the field of foreign policy.
Deportavja despite the decision of the immigration court. The wife fought for the release of Garcia
The US accused Garcia of the relationship with the MS-13 gang, which is strongly denied by his lawyer. He was deported despite the decision of the immigration court, which in the past granted him protection against expulsion from the USA – it was feared that in El Salvador he could be a victim of persecution from local criminal groups.
Kilmar Garcia, today a 29-year-old man, illegally crossed the US border as a teenager. In 2019, he was in the hands of federal immigration services, but the court granted him the right to stay in the country. Despite this, his deportation took place on March 15, although the court issued a ban on this practice.
Jennifer Vasquez Sura, wife of Garcia, who has American citizenship, has been fighting for his release since her husband's deportation. As she said in an interview with the New York Times, the Supreme Court's decision is a ray of hope for her. – This is still an emotional rollercoaster for me and our family. I will not give up until my husband returns home – she emphasized.
The case will return to the lower court, which is still to clarify its earlier guidelines. Judges of the highest instance suggested that judge Xinis could exceed their competences and that it is necessary to take into account the presidential prerogatives in foreign matters. The judgment of the Supreme Court also indicates that the procedure for bringing Garcia from El Salvador can take additional time – the court did not specify the date of his return.
