International students sue after Trump administration terminates their legal status

International students sue after Trump administration terminates their legal status
International students sue after Trump administration terminates their legal status
Scott Eisen/Getty Images

International students pursuing degrees at Michigan public universities sought relief from detention and deportation during a federal court hearing on Tuesday, after their student immigration status was terminated this month, jeopardizing their legal status in the U.S.

The students — two citizens of China, one of Nepal and another from India — filed a lawsuit on Friday against the Department of Homeland Security (DHS) and immigration officials, claiming that their student immigration status in the Student and Exchange Visitor Information System (SEVIS) was illegally terminated “without sufficient notice and explanation.”

SEVIS is a database that tracks information about nonimmigrant students and exchange visitors in the U.S.

“According to the government, they no longer have legal status in the U.S., and they have to leave the country immediately,” Ramis Wadood, an attorney with the American Civil Liberties Union (ACLU) of Michigan who is representing the students, told ABC News.

He noted that the students didn’t get any kind of grace period.

“You no longer have status, and have to leave the country right away,” Wadood said.

The complaint was filed in the U.S. District Court by the ACLU of Michigan on behalf of the students — Xiangyun Bu, Qiuyi Yang, Yogesh Joshi and Chinmay Deore. According to the complaint, in addition to their student immigration status being terminated, Yang and Joshi were told that their F-1 student visas, which allowed them to enter the country, were also revoked.

“None of them has been charged with, let alone convicted of, any crime in the United States,” the complaint said. “None has violated any immigration law. Nor have they been active in on-campus protests regarding any political issue.”

The students’ attorneys argued during a Tuesday morning hearing in a Detroit federal court for a temporary restraining order that would restore their legal status and protect them from arrest or deportation as the case moves forward.

According to Wadood, the judge indicated that he “recognized the urgency of the situation and said he would rule soon.”

Wadood told ABC News on Monday that his clients are at risk of being arrested by Immigration and Customs Enforcement (ICE) and are “scared” and have stopped showing up to classes in person.

“Our clients have been allowed to continue their studies to the extent that their professors and their programs will accommodate,” Wadood said, adding that they are trying to resume their studies remotely since “they’re at risk of arrest and detention at any point.”

The lawsuit names DHS Secretary Kristi Noem, acting ICE Director Todd Lyons and ICE Detroit Field Office Director Robert Lynch. ABC News reached out to the officials but requests for comment were not immediately returned.

“DHS did not provide the students or their schools any meaningful explanation for terminating their F-1 student status,” the complaint said. “At most, what seems to connect students targeted by this newfound and unlawful policy is that the students had some encounter with some American law enforcement official at some point in the past, no matter how innocuous — including receiving a speeding or parking ticket (or even a warning) or lawfully withdrawing an application to enter the United States.”

Court records show four separate letters that each of the students received from their prospective universities informing them that their student immigration status has been terminated. The reason cited by DHS in all cases is “individual identified in criminal records check,” and for Yang and Joshi it also says “and/or revoked visa.”

The Trump administration filed a response on Monday evening to the plaintiff’s motion for a temporary restraining order, urging the judge to “deny this request because it is procedurally and substantively improper.”

“An emergency motion for a temporary restraining order may only be used to maintain the status quo; it cannot be used to obtain the ultimate relief plaintiffs seek in this case, which is the alteration of their SEVIS record,” it said.

The government also alleged in Monday’s filing that the students have criminal records, but did not provide additional details.

“DHS searched criminal records for each of the plaintiffs and criminal history matches were returned for each of the plaintiffs,” its response said.

Wadood denied that any of his clients have ever been charged with or convicted of a crime. He said that in explaining their reference to “criminal records,” the government cited three of his clients who were detained for alleged domestic disputes.

They were subsequently released and not charged with any crimes, while one plaintiff “doesn’t have as much as a simple speeding ticket or parking ticket” on their record, according to Wadood

“Our plaintiffs’ criminal history is clean. They have no convictions, no charges,” he said.

The federal lawsuit comes as the Trump administration’s immigration crackdown strikes higher education, prompting a slew of lawsuits against White House officials. Similar lawsuits have been filed across the country in states like New Hampshire, Indiana and California.

According to Inside Higher Ed — a publication that tracks news in higher education — as of Tuesday over 180 colleges and universities have identified nearly 1,200 international students and recent graduates who have had their legal status changed by the State Department.

“If the courts don’t put an end to this arbitrary government action, then generations of future international students are going to see what’s happening today and decide, ‘You know what, it’s probably not safe for me to go to the U.S to study'” Wadood said. “And our academic institutions, our academic communities, are going to be so much worse off because of it.”

The Trump administration appears to be targeting some international students with student visas and green card holders for their participation in pro-Palestinian protests on college campuses or for alleged criminal records.

“A visa is a gift. It’s a voluntary thing. We decide to give you a visa,” Secretary of State Marco Rubio said during a March 28 press conference. “We deny visas all over the world every day for a variety of reasons, and that means we can also revoke those visas. No one is entitled to a visa.”

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Signs of rodent activity found at Gene Hackman’s property

Signs of rodent activity found at Gene Hackman’s property
Signs of rodent activity found at Gene Hackman’s property
Jon Kopaloff/Getty Images

(SANTA DE, NM) — Signs of rodent activity were found at Gene Hackman’s New Mexico property after the actor’s wife, Betsy Arakawa, died from a rare disease transmitted through rodents, according to a report.

Arakawa, 65, died at their Santa Fe home in February from hantavirus pulmonary syndrome — a disease spread through rodent urine, droppings or saliva, officials said.

Signs of dead rodents and rodent feces were discovered in their attached garage, detached garage, two casitas and a storage shed, according to a New Mexico Department of Health homesite environmental report. A rodent nest was found in a detached garage, the report said.

In a vehicle, officials found a live rodent, rodent feces and a nest, according to the report.

Live traps had been set out around the home, the report said.

The main house was clean with no signs of rodent activity, the report noted.

The inspection was completed one week after the bodies of Hackman, 95, and Arakawa were found inside their house during a Feb. 26 welfare check.

At first, authorities didn’t know what caused their deaths.

Officials later announced that Hackman died of cardiovascular disease and Alzheimer’s disease. He likely died around Feb. 18, about one week after Arakawa died from HPS on about Feb. 12, officials said.

Hantavirus pulmonary syndrome at first causes flu-like symptoms and can later cause trouble breathing, according to the Centers for Disease Control and Prevention.

Those who contract HPS after being exposed to rodent excrement often feel ill for roughly three to six days, Dr. Heather Jarrell, chief medical investigator for New Mexico’s Office of the Medical Investigator, told reporters.

“Then they can transition to that pulmonary phase, where they have fluid in their lungs and around their lungs,” she said. “And at that point, a person can die very quickly, within 24 to 48 hours, roughly speaking, without medical treatment.”

Hackman was likely home with his deceased wife for one week before he died, Santa Fe County Sheriff Adan Mendoza said at a press briefing in March.

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US puts $8M bounty for arrest of Mexican drug cartel leaders charged with trafficking fentanyl

US puts M bounty for arrest of Mexican drug cartel leaders charged with trafficking fentanyl
US puts $8M bounty for arrest of Mexican drug cartel leaders charged with trafficking fentanyl
U.S. Department of State

The Justice Department on Tuesday unsealed drug trafficking charges against the two leaders of the Mexican drug cartel La Nueva Familia Michoacana Organization (LNFM) and offered up to $8 million for information leading to their arrest.

Brothers Johnny Hurtado Olascoaga and Jose Alfredo Hurtado Olascoaga, are “responsible for the cartel’s resurgence” over the past decade, according to a DOJ official.

“These brothers were charged by a federal grand jury in the Northern District of Georgia with various crimes related to the manufacture, distribution and importation of massive quantities of heroin, cocaine, methamphetamine and fentanyl into the United States,” Michael Herskowitz, chief of the Narcotics Section at the U.S. Attorney’s office in Atlanta, said at a press conference Tuesday.

The Treasury Department also sanctioned the brothers, and the State Department has offered $3 and $5 million rewards for information leading to their arrest. The men are currently in Mexico, officials said.

“It is our hope that these multimillion dollar rewards will encourage people to come forward with what they know about their Olascoaga brothers, both here in the United States and in cities and towns in Mexico, who are most impacted by the cartels violence,” Herskowitz said.

DEA Atlanta Acting Special Agent in Charge Jae Chong told reporters that the foreign terrorist organization designation that the Trump administration has leveled against the cartels has “allowed law enforcement to apply enhanced counterterrorism authorities to drug cartel operations, something we believe that will have a greater impact in the fight to protect our communities.”

“In 24 hours, DEA and our partners have seized over 100 pounds of fentanyl, $320,000 of suspected drug proceeds, guns, and made 22 arrests, 11 of which are illegal criminals,” Chong said.

The fentanyl they seized was enough to kill 3.5 million people, according to Chong.

In a separate indictment, the Justice Department also charged seven individuals with allegedly funneling the proceeds of the cartel’s activity through a business in Georgia.

Agents “analyzed the money service businesses transactions and determined that the cash was wired to Mexico, but was transferred in small increments, as did not raise suspicion by federal regulators during an approximate period of two months, these individuals allegedly laundered over $1 million in drug proceeds smuggled to Mexico,” Herskowitz said.

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Man’s dogs fatally maul woman, suspect arrested

Man’s dogs fatally maul woman, suspect arrested
Man’s dogs fatally maul woman, suspect arrested
KTRK

(HOUSTON) — A Texas man was arrested after his dogs fatally attacked his neighbor, with a history of disturbing others, according to the Houston Police Department.

Marshall Garrett, 38, was arrested on Tuesday and charged with three counts of criminal negligent failure to secure his dogs after his three Staffordshire mixes fatally mauled 65-year-old Harriette Phillips, according to court documents filed on April 9.

The attack occurred on March 23 in Houston, when Phillips was walking toward the left side of her backyard, and it “appeared that the defendant’s dogs had broken through her fence,” the court records said.

Phillips’ home security cameras reviewed by police show her “scanning her backyard looking for something” and hitting her fence with a hammer. Then, the dogs “returned through the broken fence and attacked her.” She began screaming for help and attempted to use her hammer as a form of defense, the court records said.

She fell to the ground, and the dogs began “mauling her head, neck area, arms/elbows and other parts of her body until the complainant was unable to move anymore or screamed for help,” the court records said.

Garrett did not witness the attacks but “realized what occurred afterward and called 911,” court documents said.

On the same day as this attack, another neighbor texted Garrett that he saw the dogs in Phillips’ yard, to which he replied: “Oh lord, I’m about to get it resolved,” the court records said.

In that same month, the dogs also nipped the finger of another neighbor when she was trying to fix a hole in her fence, the court records said.

All three dogs were euthanized after the attack, the court records said.

Garrett already has an established criminal record prior to this incident, as he and a female suspect, Latrecia Washington, were charged with murder last year when they fatally assaulted a man outside a Family Dollar store, according to court records.

On Oct. 29, Garrett approached 69-year-old Alton Martin from behind and punched him in the back of the head, according to court records.

The altercation appears to have stemmed from a dispute over whether jewelry Martin had sold to Washington was authentic or fake. Martin died from his injuries, court records said.

Garrett was arrested for this crime and was previously released on bond, according to court records. As of Tuesday, Garrett is back in police custody.

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Trump wants to send US citizens to foreign prisons. Legal experts say he can’t.

Trump wants to send US citizens to foreign prisons. Legal experts say he can’t.
Trump wants to send US citizens to foreign prisons. Legal experts say he can’t.
Win McNamee/Getty Images

(WASHINGTON) — The Trump administration has deported hundreds of migrants it alleges are MS-13 gang members — calling them “terrorists” — to El Salvador’s notorious CECOT mega-prison.

Could American citizens convicted of violent crimes be next?

“If it’s a homegrown criminal, I have no problem,” President Donald Trump told reporters in the Oval Office on Monday during his meeting with Salvadoran President Nayib Bukele.

“If we can do that, that’s good. And I’m talking about violent people. I’m talking about really bad people. Really bad people. Every bit as bad as the ones coming in.”

Before reporters entered the room, Trump even suggested to Bukele he should build more prisons because the mega-prison isn’t “big enough” to hold “the homegrowns” he wants to send from the U.S.

“We’re studying the laws right now,” Trump said, after earlier saying they “always have to obey the law.”

He made a similar comment about sending Americans to foreign prisons in February, saying back then as well that the laws would be need to be checked.

Several legal experts told ABC News any such scenario would be unconstitutional.

“I don’t think that any president who understands the rule of law or who respects the constitutional democracy that we live in would even think in these terms,” said David Leopold, an attorney and former president of the American Immigration Lawyers Association.

“The United States is the home of United States citizens. And citizens cannot be deported, period,” Leopold said.

“There are numerous constitutional provisions that bar the president and the attorney general from sending American criminals to prisons in other nations,” said Michael Gerhardt, a constitutional law professor at the University of North Carolina.

Several administration officials have been pressed to elaborate on what legal grounds they believe would allow them to do this. So far, they’ve sidestepped.

“Well, Jesse, these are Americans who he is saying who have committed the most heinous crimes in our country. And crime is going to decrease dramatically because he has given us a directive to make America safe again,” Attorney General Pam Bondi, who Trump specifically said was looking into the issue, told Fox News’ “Jesse Watters Primetime” on Monday night.

“These people need to be locked up as long as they can, as long as the law allows. We’re not going to let them go anywhere. And if we have to build more prisons in our country, we will do it,” Bondi said, notably mentioning sending Americans to prisons in the U.S.

White House press secretary Karoline Leavitt was asked on Tuesday if deporting American citizens to Central American prisons is legal or if the administration would have to change the law.

“Well, it’s another question that the president has raised,” Leavitt responded. “It’s a legal question that the president is looking into.”

Trump and other officials said they’d deport American criminals who commit “egregious” crimes. Trump on Monday cited criminals who “push people into subways” or “hit elderly ladies on the back of the head.”

“Of course, we have the right as a government to incarcerate people who are a danger to society, even to execute people who are danger to society, but they’re Americans, they remain here. That’s the baseline right of citizenship, and always has been,” said Amanda Frost, a professor at the University of Virginia School of Law.

Any effort to deport an American citizen to a prison in El Salvador (its CECOT prison has been criticized for alleged human rights abuses) or elsewhere would likely be a violation of the Eighth Amendment, which prohibits cruel and unusual punishment, Frost said.

One potential loophole could be for the Trump administration to try to target naturalized U.S. citizens, who can lose their immigration status if they’ve committed treason or falsified information during their naturalization process. But those instances are rare.

“If someone’s a naturalized citizen, there could be an effort to denaturalize that person and deport them,” Frost said. “But then it would have to be that they committed some sort of fraud or error in their naturalization process. An unrelated crime could not be the basis for denaturalizing and deporting somebody.”

Still, experts were alarmed by Trump’s comments on wanting to send American citizens to foreign prisons — especially as the legal battle regarding Kilmar Abrego Garcia continues to play out.

The Supreme Court has ordered the Trump administration to “facilitate” Abrego Garcia’s return to the U.S. and say he was deported illegally. Bondi on Monday said it was “up to El Salvador” to return him, and Salvadoran President Bukele said he wouldn’t do so.

“That is chilling,” Frost said, “because if that’s their view, then assuming they can manage to get people out of the country, they could then throw up their hands and say, ‘We can do nothing about it.'”

ABC News Senior Political Correspondent Rachel Scott on Tuesday asked Trump’s “border czar” Tom Homan if he believed it was illegal for Trump to send Americans to an El Salvador prison. Homan said he hasn’t talked to the president yet.

“The notion is just so absurd,” Leopold, the former president of American Immigration Lawyers Association, said. “If it wasn’t so terrifying that a sitting president of the United States so loosely uses rhetoric about deporting United States citizens, it would be laughable.”

Abrego Garcia is being held at CECOT after being wrongfully deported by the Trump administration last month. Trump and other officials claim he is a MS-13 gang member, though the administration has provided little evidence of that in court.

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American missionary rescued after alleged abduction in South Africa, police say

American missionary rescued after alleged abduction in South Africa, police say
American missionary rescued after alleged abduction in South Africa, police say

(LONDON and PRETORIA) — An American missionary who was allegedly kidnapped at gunpoint during a church service in South Africa last Thursday evening was rescued in “a high-intensity shootout” several days later, South African police said Wednesday.

Three unidentified suspects were killed during Tuesday’s operation, which was led by the South African Police Service’s elite Hawks unit, according to a statement from spokesman Lt. Col. Avele Fumba.

Investigators discovered that the abducted U.S. citizen, believed to be a pastor at a church in the South African port city of Gqeberha, was being held at a safe house there, Fumba said. As officers approached the house on Tuesday, suspects inside a vehicle opened fire on law enforcement and attempted to flee the scene, Fumba said, “leading to a high-intensity shootout in which three unidentified suspects were fatally wounded.”

“The victim was found inside the same vehicle from which the suspects had launched their attack,” Fumba added. “Miraculously unharmed, he was immediately assessed by medical personnel and is currently in an excellent condition.”

Police have not yet identified the rescued American by name. The investigation remains ongoing, according to Fumba.

This is a developing story. Please check back for updates.

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‘Very unusual and disconcerting’: New videos show accused stowaway boarding Delta flight from New York to Paris

‘Very unusual and disconcerting’: New videos show accused stowaway boarding Delta flight from New York to Paris
‘Very unusual and disconcerting’: New videos show accused stowaway boarding Delta flight from New York to Paris
Port Authority of New York and New Jersey

(NEW YORK) — For the first time, newly released security footage shows the moment an alleged stowaway sneaked onto a transatlantic flight just before last Thanksgiving in a stunning breach of security.

Svetlana Dali is accused of boarding an overnight Delta flight from John F. Kennedy International Airport in New York City on Nov. 26 and traveling to Paris-Charles de Gaulle Airport in France without having a ticket.

Dali can be seen in a video obtained by ABC News walking up to gate B38 at Terminal 4 while other passengers have their boarding passes and passports checked. After gate attendants assisted a separate group of customers and ushered them toward the jet bridge, Dali followed immediately behind, the video shows.

Wearing a gray hoodie and carrying both a green backpack and a black bag, Dali appeared to blend in with the crowd, passing by the gate attendants and walking toward the flight.

“This was very unusual and disconcerting,” Richard Frankel, a former FBI special agent in charge of investigations at JFK who is now an ABC News contributor, said after reviewing the video. “She just basically gloms onto the back of that group and goes in as if she’s part of a group.”

“Delta agents, who were busy helping ticketed passengers board, did not stop her or ask her to present a boarding pass before she boarded the plane,” an FBI complaint said, adding that Dali later stated “she knew her conduct was illegal.”

Dali later pleaded not guilty to a federal stowaway charge.

“Our review affirms that Delta’s security infrastructure, as part of our Safety Management System framework, is sound and that deviation from standard procedures is the root cause of this event,” a Delta spokesperson told ABC News. “As nothing is of greater importance than safety and security, we will continue to work closely with our regulators, law enforcement and other relevant stakeholders.”

A separate closed-circuit video from earlier that evening shows Dali going through the TSA screening machine at Terminal 4 and being patted down by a TSA agent.

“I think she planned it, but it’s also luck of the draw,” Frankel said. “I think she had her game plan and … her game plan really worked.”

Dali, a Russian citizen and U.S. permanent resident who most recently lived in Philadelphia, was ultimately spotted by Delta employees before the plane landed in France, according to the FBI complaint. The complaint stated that Dali was unable to provide a boarding pass and that once the plane landed, French law enforcement would not allow her to pass the customs area.

Officials attempted to send Dali back to the United States on another flight shortly after, ABC News previously reported, but Dali was removed from the plane after insisting against her return.

She was eventually brought back to New York to face charges. After being released, Dali allegedly cut off her ankle monitor and traveled to Buffalo, where she tried to cross over the Peace Bridge into Canada.

Dali’s public defender declined to comment.

The surveillance videos were released in response to a request ABC News filed in December with the Port Authority of New York and New Jersey, which runs the airports in the New York metropolitan area.

The FBI’s complaint against Dali stated that there is also surveillance footage of Dali “bypassing TSA officials” at JFK. The FBI alleges that Dali had been turned away by a TSA official the night of the flight for not having a boarding pass, but was eventually able to make it through the TSA area “without a boarding pass by entering through a special lane for airline employees masked by a large Air Europa flight crew.”

Footage of Dali in that area was not released by the Port Authority. The agency told ABC News that releasing additional video footage “could jeopardize the security of the buildings or facilities or the persons therein,” adding that “providing multiple camera angles of a facility or incident could allow for inferences to be made as to vulnerabilities or blind spots in surveillance cameras.”

In a statement to ABC News, TSA spokesperson Lisa Farbstein said that a review of the incident has been conducted.

“As a result of our review, additional security measures are now in place,” Farbstein said. “TSA’s security measures are always evolving to ensure this type of incident does not happen again.”

Dali is being held at the Metropolitan Detention Center in Brooklyn. She is due back in federal court on April 22.

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Judge temporarily blocks Trump’s order targeting law firm: ‘Shocking abuse of power’

Judge temporarily blocks Trump’s order targeting law firm: ‘Shocking abuse of power’
Judge temporarily blocks Trump’s order targeting law firm: ‘Shocking abuse of power’
Win McNamee/Getty Images

(WASHINGTON) — A federal judge in Washington, D.C., temporarily blocked President Donald Trump’s recent executive order aimed at Susman Godfrey, the law firm that has for years represented Dominion Voting Systems — the leading supplier of election technology across the U.S.

The decision from Judge Loren AliKhan on Tuesday is the latest win for one of the few law firms that have fought back against Trump’s orders instead of striking a deal.

Trump’s executive order seeks to block the firm’s access to government buildings and cancel government contracts, among others, over their “previous activities.”

Susman Godfrey has represented the voting machine company Dominion, famously securing a $787.5 million settlement from Fox News to settle allegations the network aired false claims about the company rigging the 2020 election.

Notably, the firm still represents Dominion in its active cases against a number of Trump’s allies — including Rudy Giuliani, Mike Lindell and others.

In her ruling, Judge AliKhan delivered a strong repudiation of the order, noting it “chills the firm’s speech and advocacy” as well as “threatens reputational harm.”

“The executive order is based on a personal vendetta… and frankly I think the Framers of the Constitution would see this as a shocking abuse of power,” she said.

During the hearing on Tuesday afternoon, attorneys representing Susman Godfrey said that Trump’s order was “one of the most brazenly unconstitutional exercises of executive power in the history of this nation.”

“The executive is wielding an axe, and we don’t know exactly when that axe is going to fall but they’re ready to bring it down,” said Donald Verrilli, an attorney representing Susman from the firm Munger, Tolles, and Olson.

Deputy Associate Attorney General Richard Lawson, a political appointee who previously worked for Attorney General Pam Bondi, argued repeatedly that the order fit squarely in the administration’s free speech rights.

“I would urge great caution from the court on the judiciary policing the executive branch’s speech, that is just a very tricky area that is extremely difficult to try and implement,” Lawson said.

He argued the judge should wait until the administration issued formal guidance to agencies on their interactions with the firm before issuing a temporary restraining order barring any kind of enforcement.

Despite this, Judge AliKhan said the TRO would remain in effect for 14 days and ordered the government to rescind any memos or guidance that had already gone out on the order.

Susman Godfrey said of the judge’s decision in a statement to ABC News,”This fight is bigger and more important than any one firm. Susman Godfrey is fighting this unconstitutional executive order because it infringes on the rights of all Americans and the rule of law.”

“This fight is right, it is just, and we are duty-bound to pursue it. We are grateful the court directly addressed the unconstitutionality of the executive order by recognizing it as a ‘shocking abuse of power,'” the firm said.

The hearing comes as the Trump administration has ramped up pressure against several law firms and universities.

Since Trump began targeting law firms, nine of the country’s largest law firms — including Paul Weiss, Kirkland & Ellis, Willkie Farr and Latham & Watkins — have agreed to provide a combined $940 million in legal services to promote causes supported by the president.

The firms also agreed to remove Diversity, Equity and Inclusion from hiring practices and vow not to deny representing clients based on politics.

Alternatively, three other major U.S. firms — Perkins Coie, WilmerHale, and Jenner & Block — are fighting the president’s action against law firms in federal courts, which have temporarily paused the orders from taking effect.

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DHS says it will receive Abrego Garcia at a port of entry — but it can’t extract him from El Salvador

DHS says it will receive Abrego Garcia at a port of entry — but it can’t extract him from El Salvador
DHS says it will receive Abrego Garcia at a port of entry — but it can’t extract him from El Salvador
Astrid Riecken For The Washington Post via Getty Images

(WASHINGTON) — Fifteen minutes before a scheduled hearing in wrongful deportation case of Kilmar Abrego Garcia, the Trump administration said in their daily status report to the court that it is “prepared to facilitate Abrego Garcia’s presence in the United States in accordance with those processes if he presents at a port of entry.”

“I have been authorized to represent that DHS is prepared to facilitate Abrego Garcia’s presence in the United states in accordance with those processes if he presents at a port of entry,” said Joseph Mazarra, the Acting General Counsel for DHS.

However, Mazarra said, since Abrego Garcia is “being held in the sovereign, domestic custody” of El Salvador, DHS does not have the authority to forcibly extract him “from the domestic custody of a foreign sovereign nation.”

If Abrego Garcia does present at a port of entry, he would become subject to detention by DHS, due to his alleged membership in the criminal gang MS-13, said Mazarra.

The development came a day after a highly anticipated Oval Office meeting in which the president of El Salvador said he would not return Abrego Garcia to the United States.

The federal judge who ordered his return is scheduled to hear from Trump administration attorneys at a court hearing Tuesday afternoon.

Kilmar Abrego Garcia is entering his second month in an El Salvador mega-prison after he was deported there on March 15 despite being issued a 2019 court order barring his deportation to that country.

Trump administration officials say Abrego Garcia, who escaped political violence in El Salvador 2011, is a member of the criminal gang MS-13, but to date they have provided little evidence of that assertion in court.

He is being held in El Salvador’s notorious CECOT prison, along with hundreds of other alleged migrant gang members, under an arrangement in which the Trump administration is paying El Salvador $6 million to house migrants deported from the United States as part of President Donald Trump’s immigration crackdown.

Attorney General Pam Bondi, in an Oval Office meeting Monday with President Trump and the visiting El Salvador president, said that Abrego Garcia’s return is “up to El Salvador.”

“If El Salvador … wanted to return him, we would facilitate it,” she said.

Asked by reporters about Abrego Garcia, President Bukele responded, “I don’t have the power to return him to the United States.”

In a motion filed Tuesday in advance of the hearing, lawyers for Abrego Garcia argued that the Trump administration has not taken any steps to comply with the orders to facilitate his release.

“There is no evidence that anyone has requested the release of Abrego Garcia,” they wrote in the filing.

The attorneys also took issue with the government’s interpretation of the word “facilitate,” which the administration has argued in court filings is limited to removing any domestic obstacles that would impede the return of Abrego Garcia to the United States.

Interpreting the term in that manner, Abrego Garcia’s attorneys argued, would render “null” the Supreme Court’s order that the government facilitate his release.

“To give any meaning to the Supreme Court’s order, the Government should at least be required to request the release of Abrego Garcia. To date, the Government has not done so,” they wrote in their motion.

After U.S. District Judge Paula Xinis ordered the government to “facilitate and effectuate” Abrego Garcia’s return, the Supreme Court last week unanimously ruled that Judge Xinis “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 intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs,” the Supreme Court wrote, which the Trump administration has interpreted as prohibiting the district court from ordering the executive branch to take any action that would violate the separation of powers.

Judge Xinis subsequently amended her ruling to remove the word “effectuate,” leaving the order to “facilitate.”

In an interview Monday evening with ABC News’ Linsey Davis, an attorney for Abrego Garcia said he hopes Tuesday’s hearing “lights a fire under the government to comply with the Supreme Court’s order” to facilitate Abrego Garcia’s release.

“What we’re asking [of Trump] is exactly what the Supreme Court told him,” attorney Benjamin Osorio said. “I personally have worked with DHS before to facilitate the return of several other clients who were deported and then won their cases at circuit court levels or at the Supreme Court, and ICE facilitated their return.”

“So we’re not asking anybody to do anything illegal,” Osorio said. “We’re asking them to follow the law.”

“It feels a little bit like the Spider-Man meme where everybody’s pointing at everybody else,” Osorio said of Bukele’s claim that he doesn’t have the power to return Garcia. “But at the same time, I mean, we are renting space from the Salvadorans. We are paying them to house these individuals, so we could stop payment and allow them to be returned to us.”

Asked if he is confident that Abrego Garcia will be returned, Osorio said he was concerned but hopeful.

“I’m worried about the rule of law, I’m worried about our Constitution, I’m worrying about due process,” he said. “So at this point, I am optimistic to see what happens in the federal court hearing.”

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US stocks close down slightly amid tariff uncertainty

US stocks close down slightly amid tariff uncertainty
US stocks close down slightly amid tariff uncertainty
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(NEW YORK) — U.S. stocks closed down slightly on Tuesday as investors weathered ongoing uncertainty about President Donald Trump’s tariff plans.

The Dow Jones Industrial Average ticked down 156 points, or 0.3%, at the close of trading. The S&P 500 fell 0.1%, while the tech-heavy Nasdaq declined 0.05%.

The U.S. has received about 15 proposals for trade agreements, White House Press Secretary Karoline Leavitt told reporters on Tuesday. Trump issued a 90-day pause of so-called “reciprocal tariffs” last week, saying he plans to negotiate trade agreements with roughly 75 countries targeted by the levies.

The remarks from Leavitt came a day after Trump signaled a willingness to ease auto tariffs, while saying he plans to impose new tariffs on computer chips and pharmaceuticals

Trump’s administration said on Friday that many consumer electronics would be exempt from his wide-ranging reciprocal tariffs, an announcement that sent global markets higher on Monday.

Trump on Monday also indicated a willingness to further ease tariffs, saying he is looking to “help some of the car companies” in the aftermath of 25% auto levies.

The White House also took steps on Monday that may result in new tariffs on pharmaceuticals and semiconductors, posting notices online about national security investigations into those products.

Markets in Europe also traded higher midday on Tuesday, after European Commission President Ursula von der Leyen’s 90-day pause on planned tariff countermeasures went into effect.

Germany’s DAX climbed about 1.21% midday and Britain’s FTSE 100 traded up about 0.90% midday.

South Korea’s KOSPI index closed up 0.88% on Tuesday, posting its second day of gains. And Tokyo’s Nikkei 225 climbed 0.84%.

Markets in China, where Trump’s reciprocal tariffs are still in place, showed less enthusiasm. Shanghai’s Composite Index rose just 0.15% and Hong Kong’s Hang Seng Index climbed 0.23%.

ABC News’ David Brennan contributed to this report.

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