The Department of Homeland Security (DHS) asked a judge on Tuesday to dismiss a lawsuit related to the deportation of El Salvadoran national Kilmar Abrego Garcia.
Newsweek reached out to Abrego Garcia’s lawyer via email Tuesday night for comment.
Why It Matters
Abrego Garcia was detained in 2019 and has since been accused of being a member of the MS-13 gang, which President Donald Trump‘s administration has designated as a foreign terrorist organization.
He and his lawyer have denied involvement in the gang, but two judges concluded that he was an MS-13 member based on confidential information provided to the court.
Abrego Garcia was shielded from deportation to his native country because he said that he would be a target of MS-13’s rivals. He was ultimately deported to El Salvador after being arrested in what Trump administration lawyers called an “administrative error” but not “misconduct.”
Abrego Garcia was being held at El Salvador’s notorious Terrorism Confinement Center (CECOT) but has since been moved to another facility in his native country. He has not been convicted of a crime.
What To Know
In a court filing late Tuesday, the Trump administration said that a lawsuit seeking to repatriate Abrego Garcia should be dismissed because he’s not in the U.S.
“The Court must dismiss Plaintiffs’ claims against Defendants because, taking all factual allegations in their Complaint as true, they fail to establish subject-matter jurisdiction,” the DHS said.
It added: “This Court lacks jurisdiction because Abrego Garcia is not in United States custody, his injury is not redressable by the Court” and federal law “deprives this Court of jurisdiction.”
Tuesday’s filing comes days after U.S. District Judge Paula Xinis dressed down DOJ lawyers at a court hearing for bogging down the process by repeating “I don’t know” in response to questions.
The Supreme Court has also weighed in on the Abrego Garcia case, ruling earlier this year that the Trump administration must “facilitate” his return to the U.S. El Salvadoran President Nayib Bukele has said he will not release Abrego Garcia and Trump has also said he lacks the authority to bring him back.
Several lawmakers, including Democratic Senator Chris Van Hollen of Maryland, have visited or tried to visit Abrego Garcia while he’s in prison.
Meanwhile, Trump’s immigration agenda was dealt another recent blow after the Supreme Court, in a 7-2 ruling, temporarily blocked the president from invoking the Alien Enemies Act to detain or deport Venezuelan nationals.
What People Are Saying
Democratic Representative Glenn Ivey of Maryland recently said he was denied access to meet with Abrego Garcia, saying in a video: “We ought to have a chance to come in and visit, they knew we were coming in and why we were coming and then we have the right to do this, so they need to just cut the crap.”
The DHS replied to Ivey on X: “Congressman, Kilmar Abrego Garcia is a confirmed MS-13 gang member, wife beater, human trafficker, and illegal alien from El Salvador – not your constituent. While the mainstream media and politicians are fighting to bring a foreign terrorist and gang member back to U.S. soil, @POTUS Trump and @Sec_Noem are fighting for the victims of alien crime and putting the safety of Americans FIRST.”
Van Hollen wrote on X earlier this month: “Today Republicans blocked our bill to hold the Trump Admin and the government of El Salvador accountable for their conspiracy to violate due process rights of people living in the U.S. This isn’t just about Mr. Abrego Garcia — this is about defending the rights of ALL. Shameful.”
What Happens Next
Xinis will rule on the DOJ’s motion, but it’s not immediately clear when the ruling will come down.
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