The Department of Justice asked the Supreme Court in an emergency request on Monday to stop a lower court from forcing the Trump administration to return a man it mistakenly deported to El Salvador.
The DOJ bypassed the appellate court in asking the Supreme Court to intervene after a federal judge in Maryland ruled on Friday that the Trump administration must “facilitate and effectuate” Kilmar Abrego Garcia’s return to the United States by 11:59 p.m. on Monday. The DOJ argued that the administration has no authority over El Salvador and, therefore, cannot do anything about the error.
“The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding,” newly confirmed Solicitor General John Sauer wrote.
The Department of Homeland Security has also alleged that Abrego Garcia, who entered the…