Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin, commenting on a demand filed by the Trump administration to dismiss a lawsuit over the deportation of Kilmar Abrego Garcia to El Salvador, argued on Newsmax Thursday that the courts can’t have jurisdiction over his case.

“He’s not in the United States,” she told “Wake Up America.” “He’s also not a U.S. citizen.”

The administration on Wednesday asked for the dismissal with the argument that the court lacks jurisdiction, as Abrego Garcia remains outside the United States. The procedural move came as the government was asked to respond to his lawsuit about his deportation within 60 days.

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