Supreme Court Chief Justice John Roberts temporarily blocked a lower court order Monday instructing the US government to bring back a Maryland man erroneously shipped to a notoriously brutal mega-prison in El Salvador — hours ahead of the 11:59 p.m. deadline for his return.
Roberts’ order came hours after the Trump administration filed an emergency petition to the high court. The chief justice set a 5 p.m. Tuesday deadline for lawyers for Kilmar Abrego Garcia to file a response to the Trump administration, signaling his intent to move quickly on the matter.
On Friday, a federal judge gave the White House three days to return Abrego Garcia, who officials claimed was deported due to an “administrative error” and a “clerical error.”
A 2019 immigration judge’s ruling restricted Abrego Garcia from being deported to El Salvador because he could face persecution, including from the Barrio 18 gang. The White House alleges that Abrego Garcia is a member of MS-13 — something his relatives deny.
President Trump’s team argued that the lower courts couldn’t force the administration to make diplomatic moves. ZUMAPRESS.com“The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations,” Solicitor General John Sauer wrote in the petition submitted to Roberts.
“The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding.”
Abrego Garcia’s wife and 5-year-old child are both American citizens. Last month, authorities sent Abrego Garcia to El Salvador alongside about 260 other migrants whom it accused of gang ties.
Specifically, he was deported under the Immigration and Nationality Act but was sent around the time of a larger group that was rapidly deported under the 18th-century Alien Enemies Act to El Salvador’s Terrorism Confinement Center (CECOT), which has been accused of human rights violations, per court documents.
The president’s use of the 1798 law has been halted by federal courts amid ongoing litigation, and the administration has asked the high court to nix that block as well.
Soon after Trump’s team filed the Monday petition to the Supreme Court, a three-judge panel on the Richmond, Va.-based Fourth Circuit Court of Appeals unanimously rejected the administration’s request to scrap the ruling.
Greenbelt, Md., US District Judge Paula Xinis, an appointee of President Barack Obama who initially ordered Abrego Garcia’s return Friday, found that the Trump administration “offered no evidence linking [him] to MS-13 or to any terrorist activity.”
Kilmar Abrego Garcia’s relatives deny accusations that he has ties to MS-13. APAdministration officials claimed the deportee was “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source.” They also alleged that he entered the country illegally in 2011 and originally came from El Salvador.
Xinis further rejected a request from the Trump administration to stay her order while appeals played out.
“[The administration] do indeed cling to the stunning proposition that they can forcibly remove any person — migrant and U.S. citizen alike — to prisons outside the United States, and then baldly assert they have no way to effectuate return because they are no longer the ‘custodian,’ and the court thus lacks jurisdiction,” she chided.
Stay up to date on alleged MS-13 gangbanger Kilmar Abrego Garcia
- Trump admin plans to deport Kilmar Abrego Garcia after prison release – and not to El Salvador, prosecutor tells judge
- Kilmar Abrego Garcia back in US to face charges of trafficking thousands of illegal migrants — including MS-13 gangbangers
- Moment alleged MS-13 gangbanger Kilmar Abrego Garcia was accused of human trafficking revealed in new bodycam video
- Judge rules on Kilmar Abrego Garcia deportation after ICE planned to send alleged MS-13 gangbanger to Uganda
- Kilmar Abrego Garcia requests asylum in attempt to prevent deportation to Uganda
An image purportedly showing Kilmar Abrego Garcia in the notorious El Salvador mega prison. APAbrego Garcia’s lawyers insist he doesn’t have a criminal record and have alleged that since 2006, gang members have threatened to abduct and kill him to extort money from his parents back in Central America.
They claim that immigration authorities apprehended Abrego Garcia while he was in a car at an Ikea parking lot on March 12 while his son was in the back seat.
Sauer ripped Xinis’ decision, saying in court filings Monday that it was “unprecedented relief: dictating to the United States that it must not only negotiate with a foreign country to return an enemy alien on foreign soil, but also succeed by 11:59 p.m. tonight.”
Attorney General Pam Bondi put the lawyer who initially argued the case against Kilmar Abrego Garcia on administrative leave. AP“While the United States concedes that removal to El Salvador was an administrative error,” he added, “that does not license district courts to seize control over foreign relations, treat the Executive Branch as a subordinate diplomat, and demand that the United States let a member of a foreign terrorist organization into America tonight.”






