US files motion to dismiss lawsuit over Kilmar Abrego Garcias deportation

The Trump administration has asked a federal judge to dismiss the lawsuit over Kilmar Abrego Garcia’s mistaken deportation to El Salvador, arguing the court lacks jurisdiction because he’s no longer in the United States.The request for dismissal late Tuesday was a procedural move by the U.S.government, which was required to respond to Abrego Garcia’s lawsuit within 60 days.

U.S.attorneys reiterated their arguments from late March against his return.The government’s filing is the latest development in a case that has carried on for two months without any discernible movement toward resolution, despite a judge’s order to bring back Abrego Garcia and a subsequent Supreme Court ruling to “facilitate” his return.President Donald Trump told ABC News in late April that he could retrieve Abrego Garcia with a phone call to El Salvador’s president.

But Trump said he wouldn’t do it because Abrego Garcia is a member of the MS-13 gang, an allegation that Abrego Garcia denies and for which he was never charged.Trump administration attorneys have not used the president’s plainspoken explanation inside the Maryland federal court that ordered Abrego Garcia’s return.They’ve argued that information about returning Abrego Garcia is protected by the state secrets privilege, a legal doctrine often used in military cases.U.S.

attorneys said releasing such details in open court — or even to the judge in private – would jeopardize national security by revealing sensitive diplomatic negotiations.Many filings in the case have been sealed.Abrego Garcia’s attorneys have argued that the Trump administration has done nothing to return the Maryland construction worker.

They say the government is invoking the privilege to hide behind the misconduct of mistakenly deporting him and refusing to bring him back.Abrego Garcia’s deportation violated a U.S.immigration judge’s order in 2019 that shielded Abrego Garcia from expulsion to his native country.

The immigrati...