Trump Asks Supreme Court to Halt Mistaken-Deported Man Reversal/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The Trump administration asked the Supreme Court on Monday to stop a federal court order requiring the return of Kilmar Abrego Garcia, a Maryland man wrongly deported to El Salvador. Despite acknowledging the deportation was an error, the administration claims it lacks the authority to retrieve him. Lower courts rejected the government’s request, calling the removal unlawful.
Trump Administration Appeals Deportation Reversal to Supreme Court: Quick Looks
- DOJ asks Supreme Court to block order returning man deported to El Salvador.
- U.S. courts previously ruled Abrego Garcia should not have been deported.
- He faced likely persecution in El Salvador, per immigration judge.
- DOJ concedes deportation was improper but argues return is impossible.
- Appeals court denied stay; Judge says “government screwed up.”
- Administration casts man as gang member, despite no criminal charges.
- Deportee had valid U.S. work permit and American wife.
- Federal judge calls deportation “wholly lawless.”
- DOJ lawyer removed from case after admitting the mistake.
Trump Asks Supreme Court to Halt Mistaken-Deported Man Reversal
Deep Look
Trump Administration Petitions Supreme Court to Halt Return of Man Wrongfully Deported to El Salvador
In a high-profile legal battle over immigration enforcement, the Trump administration on Monday asked the U.S. Supreme Court to block a federal court order that would require the government to return a Maryland resident who was mistakenly deported to El Salvador.
The case involves 29-year-old Kilmar Abrego Garcia, a Salvadoran national who had been living and working legally in the United States before being suddenly detained by immigration agents and sent to one of El Salvador’s most notorious prisons. The deportation occurred in direct violation of a 2019 immigration court ruling that explicitly barred his removal due to the threat of persecution by local gangs.
Despite acknowledging that the deportation should never have happened, the Justice Department argued in an emergency appeal that U.S. District Judge Paula Xinis exceeded her authority by ordering the government to retrieve and return Abrego Garcia. The appeal, filed by Solicitor General D. John Sauer, asserts that the U.S. has no legal or logistical means to secure his release from foreign custody.
“The district court’s injunction—which requires Abrego Garcia’s release from the custody of a foreign sovereign and return to the United States by midnight on Monday—is patently unlawful,” Sauer wrote in filings submitted to the Supreme Court.
Deportation Deemed “Lawless”
Judge Xinis ordered the Biden administration to “facilitate and effectuate” Abrego Garcia’s return by Tuesday. In a strongly worded opinion, she criticized the government’s justification for the deportation, describing the case as “wholly lawless” and based on “vague, uncorroborated” claims that Abrego Garcia was once affiliated with the MS-13 gang.
There is no record of any criminal charge or conviction against Abrego Garcia, whose attorneys say he had a valid work permit issued by the Department of Homeland Security. He was employed as a sheet metal apprentice and pursuing a journeyman license. His wife is a U.S. citizen.
Federal Appeals Court Rejects Government’s Argument
The Trump administration had previously appealed to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, asking for a stay of the district court’s order. But the appellate court rejected the request unanimously.
“There is no question that the government screwed up here,” wrote Judge J. Harvie Wilkinson in a blunt concurring opinion.
The administration has maintained that Abrego Garcia’s removal was an “administrative error.” However, it has also continued to portray him as a potential threat, citing unverified ties to gang activity. His attorneys insist that there is no factual basis for those claims.
DOJ Lawyer Removed After Admission
During a court hearing, Justice Department attorney Erez Reuveni conceded that Abrego Garcia’s deportation should not have occurred. The admission prompted Attorney General Pam Bondi to remove Reuveni from the case and place him on administrative leave.
The acknowledgment has further complicated the administration’s legal position, as it simultaneously argues that Abrego Garcia’s removal was a mistake but refuses to comply with the court’s order to return him.
The case could have broader implications for executive authority over immigration enforcement and the reach of U.S. jurisdiction when individuals are wrongfully deported to foreign nations. Legal experts say it also raises serious questions about accountability within federal agencies tasked with overseeing immigration.
The Supreme Court has not yet indicated whether it will hear the emergency appeal or allow the lower court ruling to stand.
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