The Trump administration has placed a Justice Department lawyer on leave for not “zealously advocating” its position in the case involving a Salvadoran man living in Maryland who was mistakenly deported last month. Attorney General Pam Bondi’s office placed Erez Reuveni, who argued for the government, on indefinite paid leave after a judge ruled that the Maryland father, Kilmar Abrego Garcia, must be returned to the US by Monday. Reuveni admitted that Garcia’s deportation was a mistake during the hearing.
In an emergency appeal on Saturday, the Trump administration argued that US District Judge Paula Xinis cannot force the administration to return Garcia to the US and requested a temporary stay on the decision. The government claimed they do not have control over Garcia now that he is in El Salvador and argued that the court’s injunction to bring Garcia back to the US within a short timeframe was “indefensible.” They stated that Abrego Garcia is a member of MS-13 and has no legal right to be in the United States.
Xinis ruled that Garcia’s deportation violated the Administrative Procedures Act and ICE’s expulsion of him on March 15th occurred without a judicial proceeding. Despite acknowledging the removal as an “administrative error,” the Trump administration has defended its decision, citing Garcia’s alleged ties to MS-13 and criminal activities. The White House press secretary stated that foreign terrorists have no legal protections in the United States, reaffirming the administration’s commitment to deport individuals like Garcia.
Garcia’s wife, Jennifer Vasquez Sura, who is a US citizen, has been advocating for his return. Garcia had been working as a sheet metal apprentice in Maryland and was arrested in an IKEA parking lot in front of his 5-year-old son. His lawyers have argued that he had a work permit from the Department of Homeland Security and deny any gang affiliations. There has been little evidence presented by the government to support their claim of Garcia’s ties to MS-13.
The immigration judge had previously stated that Garcia could not be deported to El Salvador due to concerns about his safety and potential harm from local gang members. Despite being denied asylum, Garcia was protected from deportation, and ICE did not appeal the decision. There is uncertainty about how the government will comply with the court’s ruling, as Garcia is currently in an El Salvador prison under the government’s custody.
The Trump administration has emphasized its commitment to deporting foreign terrorists and illegal criminals from the United States, framing Garcia as one of these individuals due to his alleged ties to MS-13. However, Garcia’s legal team has refuted these claims and highlighted his previous protection from deportation. With conflicting arguments about Garcia’s status and the circumstances surrounding his removal, the case has raised questions about the administration’s handling of immigration and deportation cases.