House Minority Leader Hakeem Jeffries, D-N.Y., left, on Tuesday said that the Supreme Court should consider holding the Trump administration in contempt over its deportation of Kilmar Armando Abrego Garcia, inset, an El Salvadorian illegal migrant and former Maryland resident. (Win McNamee/Getty Images, left/Win McNamee/Getty Images, right, inset Fox News)
'UP TO EL SALVADOR': TRUMP ADMIN PUNTS ON RETURN OF WRONGFULLY DEPORTED MARYLAND RESIDENT
"In fact, the Trump administration has acknowledged that fact and so they need to comply with the Supreme Court's directive or the Supreme Court needs to enforce its order aggressively, which should include contempt."
The Supreme Court acknowledges that Abrego Garcia was subject to a 2019 withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was "therefore illegal." The Court stressed that the government must facilitate his release from custody in El Salvador and treat his case as if he were never deported.
One immigration judge in 2019 found that Garcia had not sufficiently refuted evidence of MS-13 affiliation and was thus removable to anywhere other than El Salvador because of a threat from a rival gang, this is called a withholding order.
The Trump administration has faced criticism from Democrats, left-wing media and human rights advocates for sending Abrego Garcia back to his home country. Trump officials initially acknowledged his removal was due to an "administrative error."
In this undated photo provided by the U.S. District Court for the District of Maryland, a man identified by Jennifer Vasquez Sura as her husband, Kilmar Abrego Garcia, is led by force by guards through the Terrorism Confinement Center in Tecoluca, El Salvador. (U.S. District Court for the District of Maryland via AP)
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Van Hollen said he also wants to see the Trump administration held in contempt.
"It's absolutely unjust and illegal to have this Marylander detained one more day in a notorious prison in El Salvador," Van Hollen said, per WBAL-TV.
"I saw that the families, the lawyers, have asked that the administration lawyers be held in contempt, and I think that's an absolutely appropriate move to take right now. They're absolutely snubbing their nose at the courts right now, including the Supreme Court."
Fox News’ Kerri Urbahn contributed to this report.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
You can send tips to michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.
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