Importance Score: 65 / 100 🔴
The Trump administration has placed a Justice Department (DOJ) lawyer on leave for allegedly failing to “zealously advocate” its position in the case of a Salvadoran man residing in Maryland who was mistakenly deported last month. This incident has sparked controversy and raised questions about the administration’s immigration policies.
DOJ Attorney Placed on Leave Following Deportation Case
Attorney General Pam Bondi’s office has placed Erez Reuveni, the DOJ lawyer who represented the government in Friday’s hearing, on indefinite paid leave. This hearing involved the case of Kilmar Abrego Garcia, a Maryland resident and father, whom a judge ordered must be returned to the United States by Monday, according to Fox News sources.
Bondi Emphasizes Zealous Advocacy
In a statement to the New York Times, Attorney General Bondi asserted, “At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States.” She further stated, “Any attorney who fails to abide by this direction will face consequences.”
Fox News Digital has reached out to the DOJ for comment regarding this personnel matter.
Government Admits Deportation Error
During Friday’s proceedings, Reuveni reportedly acknowledged that Garcia’s deportation was an error, as reported by the New York Times.
Trump Administration Appeals Judge’s Order
On Saturday, the Trump administration launched an emergency appeal challenging US District Judge Paula Xinis’ ruling. The appeal argues that Judge Xinis cannot compel the administration to facilitate Garcia’s return to the US.
Judge Mandates Garcia’s Return
Judge Xinis’ Friday decision stipulated that the government must make arrangements to return Garcia to the United States by midnight on Monday.
Emergency Appeal Cites National Security Concerns
The emergency appeal filed on Saturday seeks a temporary stay on Judge Xinis’ decision to allow the government time to formally appeal the ruling.
Government Argues Against Forced Return of Alleged MS-13 Member
“Late Friday afternoon, a federal district judge ordered the United States to force El Salvador to send one of its citizens – a member of MS-13, no less – back to the United States by midnight on Monday. If there was ever a case for an emergency stay pending appeal, this would be it,” the government asserted in the emergency appeal, which was reviewed by Fox News Digital.
The government also contended that it lacks jurisdiction over Garcia’s current location in El Salvador.
Appeal Deems Order “Indefensible”
“Nevertheless, the court’s injunction commands that Defendants accomplish, somehow, Abrego Garcia’s return to the United States in give or take one business day,” the appeal stated, labeling the order “indefensible.”
Lack of Power to Compel Foreign Government
The legal filing further argued that the U.S. government “lacked the power” to compel a foreign nation “on the clock, to try to force a foreign country to take a discrete action.”
MS-13 Allegations Raised
It was further emphasized, “Abrego Garcia has been found to be a member of a designated Foreign Terrorist Organization, MS-13. Given that status, he has no legal right or basis to be in the United States at all.”
Deportation Violated Due Process, Judge Rules
Judge Xinis stated on Friday that US Immigration and Customs Enforcement’s (ICE) expulsion of Garcia on March 15 violated the Administrative Procedures Act because it occurred without proper judicial proceedings.
Administration Acknowledges “Administrative Error”
The Trump administration has conceded that Garcia’s removal was an “administrative error” but has simultaneously defended the action, claiming Garcia’s connections to the MS-13 gang.
White House Press Secretary Addresses Case
“This individual is an illegal criminal who broke our nation’s immigration laws. He is a leader in the brutal MS-13 gang, and he is involved in human trafficking,” White House press secretary Karoline Leavitt stated in a press briefing on Tuesday.
Terrorist Designation and Deportation Justification
“And now MS-13 is a designated foreign terrorist organization. Foreign terrorists have no legal protections in the United States of America. And this administration is going to continue to deport foreign terrorists and illegal criminals from our nation’s interior,” she added, reinforcing the administration’s stance.
Asylum Case and Prior Protection from Deportation
An immigration judge ruled five years prior that Garcia, who entered the US illegally in 2011 and sought asylum, could not be deported to El Salvador due to concerns for his safety from local gangs.
Protection Granted Despite Asylum Denial
Despite the denial of his asylum request, Garcia was granted protection from deportation, and ICE did not appeal this decision.
Wife’s Campaign for Husband’s Return
Jennifer Vasquez Sura, Garcia’s wife and a US citizen, has been actively advocating for her husband’s return to the United States.
Arrest and Family Separation
Garcia, employed as a sheet metal apprentice in Maryland, was apprehended in an IKEA parking lot on March 12 while his five-year-old son was present in the vehicle.
Legal Team Denies Gang Affiliations
Garcia’s legal representatives assert that he possessed a Department of Homeland Security work permit and firmly deny any affiliations with gangs. They also contend that the government has presented insufficient evidence to support its allegations.
Complications in Enforcing Return Order
It remains unclear how the government intends to comply with the judge’s order, considering Garcia’s current detention in an El Salvadorian prison under that nation’s jurisdiction.