News from the South - Arkansas News Feed

Trump administration contends U.S. courts can’t rule on Kilmar Abrego Garcia

Published

2 months ago

May 28, 2025

arkansasadvocate.com – Ariana Figueroa – 2025-05-28 15:04:00

by Ariana Figueroa, Arkansas Advocate
May 28, 2025

WASHINGTON — The Trump administration is arguing that a Maryland federal court lacks the authority to require the return of wrongly deported Kilmar Abrego Garcia because he’s in prison in El Salvador — even though the U.S. Supreme Court has directed administration officials to “facilitate” his return.

In addition, the judge in the highly publicized case has denied the Department of Justice’s request for another 30 days to extend its time to submit briefs. Abrego Garcia has remained in prison since March.

DOJ lawyers said in a brief filed Tuesday in U.S. District Court for the District of Maryland, in Greenbelt, that because the administration has not brought back Abrego Garcia, the court cannot act on his case. “This Court lacks jurisdiction because Abrego Garcia is not in United States custody, his injury is not redressable by this Court…,” according to the DOJ brief.

It’s the same argument DOJ attorneys made before another federal judge in the District of Columbia. That judge is deciding whether hundreds of men deported to El Salvador under an 18th-century wartime law — the Alien Enemies Act of 1798 — are in U.S. custody, rather than El Salvador’s custody, and therefore can be required to be returned.

The United States is paying the Salvadoran government up to $15 million to detain the men at a brutal mega-prison, CECOT.

Abrego Garcia was among the nearly 300 men on the deportation flights to CECOT, but was not removed under the Alien Enemies Act. The Trump administration has admitted his removal to El Salvador was an “administrative error,” because Abrego Garcia has had deportation protections from El Salvador since 2019 due to concerns he would face violence if returned to his home country.

Need for additional time ‘rings hollow,’ judge says

The DOJ motion to dismiss the case being heard by District Court Judge Paula Xinis came after Xinis on Monday denied the Trump administration’s request for additional time.

In that request, the Department of Justice asked for 30 days to submit documents as part of an expedited briefing schedule to determine actions the government has taken to facilitate Abrego Garcia’s return.

“The Court ordered expedited discovery because of Defendants’ refusal to follow the orders of this Court as affirmed by the United States Court of Appeals for the Fourth Circuit and the United States Supreme Court,” she wrote in her order denying the request for more time.

“The Court has conducted no fewer than five hearings in this case and at no point had Defendants even intimated they needed more time to answer or otherwise respond,” she continued. “Thus, to say now that additional time is needed to do that which the law requires rings hollow.”

In the DOJ brief, the Trump administration argues that even though the Supreme Court in April ruled that the government must “facilitate” Abrego Garcia’s return, the high court did not rule on the issue of the lower court having jurisdiction over the case.

“Those decisions do not ‘squarely address’ these jurisdictional issues and therefore are not binding as to whether Abrego Garcia’s claims are proper, his injury is redressable by this Court,” according to the DOJ filing.

The Trump administration also argues that the suit Abrego Garcia’s family and attorneys must bring is a habeas corpus claim, which allows people in the U.S. who believe they are being unlawfully detained to petition for their release in court. It can be used to challenge immigration detention.

“Because Plaintiffs seek Abrego Garcia’s release from allegedly unlawful detention on the grounds that it was effected illegally, they make a core habeas claim and must bring it exclusively in habeas,” according to the DOJ brief. “But there is no jurisdiction in habeas.”

Travels to El Salvador

Two Maryland Democratic members of Congress – Sen. Chris Van Hollen and Rep. Glenn Ivey – traveled to El Salvador to meet and advocate for Abrego Garcia’s return.

Van Hollen said that Abrego Garcia had been moved from CECOT to a lower-security prison. He added that Salvadoran officials told him that Abrego Garcia was being held because of the financial agreement between the United States and El Salvador.

While Van Hollen was able to meet and speak with Abrego Garcia last month, Ivey was not.

Ivey returned from El Salvador last weekend, and said Salvadoran officials would not permit him to see Abrego Garcia, who is a resident of his congressional district.

According to Maryland Matters, Ivey said that Abrego Garica remaining in El Salvador despite the Supreme Court’s April order is inching the U.S. toward a “constitutional crisis,” because it seems like the Trump administration is “refusing to comply with court orders. That’s scary.”

At the last hearing before Xinis, DOJ attorney Jonathan D. Guynn said the Trump administration was complying with all court orders and defended statements from Trump officials, including President Donald Trump, who have stated Abrego Garcia would not return to the U.S.

Guynn said that Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S. meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back again to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

Last updated 7:02 p.m., May. 28, 2025

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Trump administration contends U.S. courts can’t rule on Kilmar Abrego Garcia appeared first on arkansasadvocate.com

Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

This content reflects a center-left bias as it critically examines the actions of the Trump administration, highlighting legal and humanitarian concerns regarding immigration and deportation policies. The article emphasizes the perceived failures of the administration to comply with court orders and focuses on efforts by Democratic lawmakers to advocate for the deportee’s rights. The tone is factual but leans toward questioning the government’s stance and defending the individual’s legal protections, aligning with a center-left perspective that prioritizes immigrant rights and judicial oversight.

Up Next

Officials still searching for Grant Hardin | Day 5 Update

Don't Miss

Woman raped in 1997 speaks after suspect pleads guilty

News from the South - Arkansas News Feed

Arkansas can outlaw public school ‘indoctrination’ and ‘critical race theory,’ appeals court rules

Published

10 hours ago

July 16, 2025

Staff Editor

arkansasadvocate.com – Sonny Albarado – 2025-07-16 16:52:00

by Sonny Albarado, Arkansas Advocate
July 16, 2025

Arkansas’ ban on “indoctrination” in public schools doesn’t violate students’ free speech protections because the government has a right to dictate what is taught, a federal appeals court panel ruled Wednesday.

The three-judge panel from the 8th U.S. Circuit Court of Appeals tossed out a lower court’s ruling that blocked enforcement of part of Arkansas’ 2023 education overhaul law. The panel sent the case back to the district court for further proceedings.

U.S. District Judge Lee Rudofsky in May 2024 granted a preliminary injunction against the section of the LEARNS Act that prohibits “indoctrination” in public schools. Section 16 of the law specifically bans the teaching of “Critical Race Theory.” Rudofsky’s ruling applied only to the students who had sued, not the Little Rock High School teacher who was also a plaintiff in the lawsuit.

The suit argued that the “indoctrination” section of the law violated the U.S. Constitution’s First and Fourteenth Amendments, which guarantee the rights of free speech and due process, respectively.

Arkansas officials appealed the preliminary injunction, arguing free speech protections don’t mean students can demand that public schools teach certain topics. The appellate panel agreed in its 18-page ruling, written by U.S. Circuit Judge L. Steven Grasz. Circuit Judges James B. Loken and Raymond W. Gruender were the other members of the panel.

“The students concede the classroom materials and instruction they seek to receive constitute government speech. This is fatal to their likelihood of success because the government’s own speech ‘is not restricted by the Free Speech Clause,’ so it is free to ‘choose what to say and what not to say,’” the panel said, quoting from a 2022 U.S. Supreme Court ruling in Shurtleff v. City of Boston.

“Since the Free Speech Clause does not give the students the right to compel the government to say something it does not wish to, they cannot show a likelihood of success,” the appeals court ruling said.

Attorney General Tim Griffin in a statement called the appeals court ruling “an important win for the LEARNS Act and for the rule of law. With its ruling today, the Eighth Circuit continues to ensure that the responsibility of setting curriculum is in the hands of democratically elected officials who, by nature, are responsive to voters.”

The panel also ruled the district court erred in granting the preliminary injunction based on the likelihood the students might succeed on their argument that the First Amendment protects a person’s right to receive information. While students have a free-speech right to receive information, they can’t dictate what schools include in their curriculum, the panel said.

“Though a listener’s right to receive information means the government cannot stop a willing private speaker from disseminating his message, that right cannot be used to require the government to provide a message it no longer is willing to say,” according to the appeals panel.

“We do not minimize the students’ concern … about a government that decides to exercise its discretion over the public school curriculum by prioritizing ideological interests over educational ones,” the panel wrote. “But the Constitution does not give courts the power to block government action based on mere policy disagreements.”

The First Amendment right to receive information doesn’t authorize a court to require the state to retain curriculum materials or instruction, “even if such information was removed for political reasons,” the ruling said. “Since the speech belongs to the government, it gets to control what it says.”

In spite of its ruling in favor of the state’s position, the panel noted: “Government speech is not immune from all constitutional challenges, and our holding does not suggest otherwise.”

GET THE MORNING HEADLINES.

The due process argument

The district court’s preliminary injunction excluded the teachers who sued because, Rudofsky wrote, they did not show irreparable harm arising from Section 16 of the LEARNS Act.

The teachers had argued the law forced them to self-censor in their classroom instruction, but Rudofsky ruled that the speech they were allegedly censoring was the state’s, not theirs. The teachers also argued that the law’s indoctrination section was so vague that it violated the Fourteenth Amendment’s due process clause.

The teachers filed motions in the appeal making similar arguments, but the appellate panel declined to consider the vagueness claim because the teachers didn’t file a separate appeal.

Arkansas Advocate Editor Sonny Albarado can be reached at salbarado@arkansasadvocate.com

YOU MAKE OUR WORK POSSIBLE.

SUPPORT

The post Arkansas can outlaw public school ‘indoctrination’ and ‘critical race theory,’ appeals court rules appeared first on arkansasadvocate.com

Political Bias Rating: Center-Right

This article presents the legal ruling on Arkansas’ LEARNS Act banning “indoctrination” in schools with a clear emphasis on judicial deference to state authority over curriculum. The language and framing largely reflect a perspective supportive of limiting classroom content according to elected officials’ decisions, aligning with conservative views on education and opposition to Critical Race Theory. However, the article also includes relevant legal context and quotes from both sides without overt editorializing, maintaining some balance. The overall tone and focus on upholding governmental control over curriculum suggest a center-right leaning in its presentation.

News from the South - Arkansas News Feed

Arkansas National Guard Texas flooding mission extended

Published

3 days ago

July 14, 2025

Staff Editor

arkansasadvocate.com – Antoinette Grajeda – 2025-07-14 14:10:00

by Antoinette Grajeda, Arkansas Advocate
July 14, 2025

Gov. Sarah Huckabee Sanders approved a weeklong extension of active duty for Arkansas National Guard troops assisting officials with recovery efforts in central Texas due to deadly flash flooding.

Twenty-two Arkansas National Guard troops who deployed to the Lone Star State last week were originally scheduled to conclude their work on July 12. They’ll now continue their duties through Saturday, according to a press release.

Arkansas emergency management team to assist with Texas flood recovery efforts

Nearly two dozen troops and four Black Hawk helicopters are assisting with the transportation of search and rescue personnel in central Texas.

In addition to the team of 22 soldiers, which consists of pilots and crew chiefs and six maintenance personnel, two other troops are serving as liaisons in Arkansas to coordinate direct support to deployed soldiers as needed, according to the release. Their mission was also extended through Saturday, though orders may be adjusted based on mission needs.

The Arkansas Division of Emergency Management joined recovery efforts Friday when it deployed a specialized two-person team to Texas that will support resource tracking, documentation, situational awareness and operational reporting, according to an agency news release. Team members will also act as liaisons between Texas and assisting states.

At least 120 people died and 160 remain missing after heavy rains led to flooding in central Texas on July 4, according to The Texas Tribune.

GET THE MORNING HEADLINES.

The post Arkansas National Guard Texas flooding mission extended appeared first on arkansasadvocate.com

Political Bias Rating: Centrist

This content presents a straightforward news report on the Arkansas National Guard’s assistance in Texas flood recovery efforts, without evident political commentary or opinion. It focuses on factual information about troop deployment, official actions, and the ongoing disaster response, maintaining a neutral tone typical of impartial reporting. Therefore, it reflects a centrist, neutral political bias.

News from the South - Arkansas News Feed

Bentonville police search for possibly armed man on Crystal Bridges trails

Published

3 days ago

July 13, 2025

Staff Editor

www.youtube.com – 40/29 News – 2025-07-13 21:36:10

SUMMARY: Bentonville police are investigating reports of a possibly armed man seen on Crystal Bridges trails around noon today. Authorities conducted an extensive search on foot and with drones but did not find anyone. At the time, several areas of Crystal Bridges were restricted to the public, but officials confirmed there is no ongoing danger now. The venue is currently closed as a precaution, prioritizing the safety of members and guests. News teams are seeking more information from local law enforcement and Crystal Bridges, but no further updates have been provided yet. The situation remains under active investigation.