A growing legal dispute between federal courts and the Trump administration has intensified after the Department of Justice (DOJ) made a bold assertion: only the President holds the authority to direct foreign relations, including the return of individuals mistakenly deported abroad.
This declaration emerged in response to a case involving Kilmar Abrego Garcia, a Maryland man who had previously been granted protected immigration status but was wrongfully removed to El Salvador, where he is now confined in one of the country’s most notorious high-security prisons.
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Trump Administration: Return Decisions Are Presidential Authority, Not Judicial
According to a federal court filing, DOJ attorneys argued that the judiciary “has no jurisdiction” to dictate how the Executive Branch interacts with foreign nations or to enforce diplomatic actions.
“The federal courts lack the authority to instruct the Executive on how to conduct foreign relations,” the DOJ emphasized.
“That responsibility rests solely with the President as the nation’s lead voice in international matters,” they added, citing a long-standing constitutional principle.
This controversial position aims to counteract an order from U.S. District Judge Paula Xinis, who demanded that the administration take urgent steps to facilitate Garcia’s safe return to the United States after reports surfaced about his deteriorating condition in El Salvador’s prison system.
Detained in CECOT Prison: Concerns Grow Over Safety of Deported Maryland Man
Garcia, who fled gang violence in El Salvador and was granted protected status by a U.S. immigration judge in 2019, is now reportedly being held at El Salvador’s CECOT (Terrorism Confinement Center) — a maximum-security prison often criticized by human rights groups.
In a court affidavit, Michael Kozack, a senior State Department official, confirmed:
“Based on official embassy reports, Garcia is alive and currently detained in the Terrorism Confinement Center under El Salvador’s domestic authority.”
Despite concerns raised by Garcia’s legal team, the DOJ dismissed the court’s request for daily wellness updates on his condition, saying they “object to such judicial oversight” and may formally challenge it in the near future.
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Garcia’s attorneys argue that the administration should be held accountable for violating court orders, potentially even facing contempt of court for what they say is a failure to protect a man legally authorized to remain in the United States.
“The government must ensure safe passage for Mr. Garcia back to U.S. soil,” his lawyers said in a motion, further accusing the administration of dragging its feet.
The case has quickly become a flashpoint for debate over the limits of executive power, the role of the judiciary in immigration enforcement, and the moral obligations of the U.S. government in cases of wrongful deportation.
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As the standoff deepens, it could have far-reaching implications for how future administrations respond to mistaken deportations, especially in politically volatile regions like Central America. It also puts the Trump-era immigration policies back into the national spotlight, raising questions about how the separation of powers applies in matters that combine foreign diplomacy and human rights.
For now, the court battle continues, with the Department of Justice doubling down on its claim that the President alone controls foreign relations — and therefore, the courts cannot compel the White House to act on international deportation matters.
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