官方称,被错误遣返的男子在萨尔瓦多监狱中还活着。
Man 'Erroneously Deported' Is Alive In El Salvador Prison: Official

原始链接: https://www.zerohedge.com/political/man-erroneously-deported-alive-el-salvador-prison-official

萨尔瓦多籍公民基尔马尔·阿布雷戈·加西亚(Kilmar Abrego Garcia)非法滞留美国,尽管存在因安全顾虑而阻止其遣返的暂缓遣返令,他仍于3月被错误遣返回萨尔瓦多。美国政府承认此错误源于“行政失误”。现在,国务院提交的文件显示,加西亚被关押在萨尔瓦多的反恐拘留中心。 最高法院裁定,美国政府必须“协助”其释放,并确保其案件的处理程序如同他未被错误遣返一样继续进行。尽管特朗普承诺遵守裁决,但政府表示对公共安全表示担忧,声称加西亚是MS-13帮派的成员,加西亚本人否认了这一说法。在司法部最初无法提供其下落信息后,法官已下令每日更新加西亚的状况。美国此前曾同意向萨尔瓦多支付费用以拘留所谓的帮派成员。


原文

Kilmar Abrego Garcia, the man the US government has acknowledged erroneously deporting, is alive in a prison in El Salvador, according to a new State Department court filing.

Kilmar Abrego Garcia in a file photo. Abrego Garcia Family/Handout via Reuters

"It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador," said State Dept. official Michael Kozak in a sworn declaration to a federal judge in Washington. "He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador."

The filing is the first since a federal judge overseeing the Abrego Garcia case ordered the Trump administration to provide daily updates on how they're effectuating his return to the United States.

Abrego Garcia, an El Salvadorian national, was illegally residing in the United States when he was arrested and deported to El Salvador in March due to what US authorities claim was a "prominent role" in the MS-13 gang.

While an immigration judge had previously ruled that there was strong evidence the man was a member of MS-13, a different judge issued a withholding of removal - preventing his deportation to his home country over concerns that he would not be safe there.

The US government subsequently admitted that the deportation was due to an administrative error.

On April 10, the US Supreme Court ruled that the government must "facilitate" the release of Garcia from El Salvadorian custody, and make sure his case "is handled as it would have been had he not been improperly sent to El Salvador."

Meanwhile, President Donald Trump said on April 11 that he will honor the Supreme Court order.

As the Epoch Times notes further, when asked about the court ruling, Trump told reporters aboard Air Force One: “If the Supreme Court said bring somebody back, I would do that.”

I respect the Supreme Court,” the president added.

The federal government removed illegal immigrant Kilmar Armando Abrego Garcia from the United States to El Salvador on March 15. He is now detained at the Center for Terrorism Confinement, a maximum security prison in Tecoluca, El Salvador, the Supreme Court noted in its April 10 opinion. The opinion was unsigned. No justices dissented.

The Trump administration agreed a month ago to pay El Salvador $6 million to detain about 300 alleged members of the Venezuelan Tren de Aragua gang and two alleged members of the MS-13 gang in its prisons for one year. The United States has designated both criminal gangs as foreign terrorist organizations.

The government has acknowledged that Abrego Garcia was subject to a withholding order and that his deportation took place because of an “administrative error.” The government has also acknowledged that his removal to El Salvador was “illegal,” the court said.

After an immigration judge signs a deportation order, he then has discretion to issue an order withholding removal, which prevents the government from moving forward with the deportation. The removal of the person is said to be withheld, leaving the individual in a kind of legal limbo.

At the same time, the government said that Abrego Garcia is a member of the MS-13 gang. Returning him to the United States would place the public in danger, the government says, according to the Supreme Court.

Abrego Garcia denies being a member of MS-13 and has said that he “has lived safely in the United States with his family for a decade and has never been charged with a crime,” the court said.

On April 4, U.S. District Judge Paula Xinis in Maryland ordered the government to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 p.m. on Monday, April 7,” according to the high court.

On April 7, U.S. Solicitor General John Sauer urged the Supreme Court to vacate the judge’s order, arguing it would interfere with the president’s authority to manage the nation’s foreign relations.

Xinis “ordered unprecedented relief: dictating to the United States that it must not only negotiate with a foreign country to return an enemy alien on foreign soil, but also succeed by 11:59 p.m. tonight,” Sauer wrote.

Later the same day, Chief Justice John Roberts temporarily stayed the order to give the justices time to consider the case.

Three days later in the April 10 opinion, the Supreme Court said that although the district court’s deadline has passed, the rest of its order is still in effect, and returned the case to that court for clarification.

“The order properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” the opinion said.

Meanwhile, on April 11, Xinis ordered the Trump administration to provide daily updates on Abrego Garcia’s situation starting on April 12.

At the April 11 hearing, when Xinis asked Department of Justice attorney Drew Ensign where Abrego Garcia was, Ensign said he didn’t possess that information. The lawyer also declined to offer additional information on what the government intends to do to bring Abrego Garcia back to the United States.

The judge told Ensign it was “extremely troubling” that there was no evidence available as to Abrego Garcia’s whereabouts.

T.J. Mascaro and Sam Dorman contributed to this report.

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