On Monday, the Trump administration formally requested the Supreme Court to intervene in a controversial case involving the deportation of a Maryland man, Kilmar Abrego Garcia. The administration's emergency appeal follows a court order mandating the return of Garcia, who was mistakenly deported to a notorious prison in El Salvador.
The Justice Department contends that U.S. District Judge Paula Xinis exceeded her authority when she ordered the return of Abrego Garcia. The administration acknowledges that he should not have been sent to El Salvador, as an immigration judge had determined that he was likely to face persecution from local gangs. However, the government asserts that Garcia is no longer in U.S. custody and that there are no feasible means to facilitate his return.
Judge Xinis had established a deadline just before midnight for the administration to "facilitate and effectuate" Garcia's return. The Solicitor General, D. John Sauer, criticized the district court's injunction, claiming it was "patently unlawful." He argued that such orders contribute to what he described as a "deluge of unlawful injunctions" aimed at obstructing the agenda of President Donald Trump.
In a related matter, the Trump administration is also seeking permission from the Supreme Court to resume the deportation of Venezuelan migrants accused of gang affiliations to the same prison in El Salvador, leveraging an 18th-century wartime law. This request was recently denied by the federal appeals court in Richmond, Virginia, which highlighted that “there is no question that the government screwed up here,” as noted by Judge J. Harvie Wilkinson in a unanimous opinion.
The White House has characterized Abrego Garcia’s deportation as an "administrative error," yet it has also labeled him as a member of the MS-13 gang. However, attorneys representing Garcia argue that there is no substantive evidence linking him to this gang. Judge Xinis described the circumstances surrounding his arrest and deportation as “wholly lawless,” emphasizing that the allegations against him are vague and uncorroborated.
Abrego Garcia, a 29-year-old national from El Salvador, has never faced any criminal charges or convictions. His attorney revealed that he had a valid permit from the Department of Homeland Security (DHS) allowing him to work legally in the United States and was actively pursuing a journeyman license as a sheet metal apprentice. Additionally, his wife is a U.S. citizen, further complicating his deportation case. In 2019, an immigration judge had explicitly barred the U.S. from deporting him to El Salvador.
