On April 7, 2023, former President Donald Trump submitted a request to the U.S. Supreme Court, seeking to temporarily suspend a judge's directive mandating that his administration return a Salvadoran man, Kilmar Abrego Garcia, who was erroneously deported. This request comes in light of a ruling by U.S. District Judge Paula Xinis, who ordered the administration to facilitate Abrego Garcia's return by the end of the day on Monday.
Judge Xinis made her ruling in response to a lawsuit filed by Abrego Garcia and his family. The judge determined that the U.S. government lacked the lawful authority to detain and deport the Salvadoran migrant, who had been living legally in Maryland with a work permit. The deadline for Abrego Garcia's return was set for 11:59 p.m. on Monday, as stipulated in Xinis' order.
On the same day, the 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, rejected a request to stay Judge Xinis' order, leaving the administration with limited options to delay the mandated return.
In its filing to the Supreme Court, the Justice Department argued that the judge's order constituted an instance of judicial overreach. The department emphasized the complexities involved in international negotiations, asserting that the United States cannot guarantee success when faced with a court-imposed deadline that complicates foreign relations. They noted, "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," highlighting the challenges of enforcing such orders.
The Trump administration has faced significant criticism regarding its heightened immigration enforcement policies. Currently, a judge in Washington, D.C., is deliberating whether the administration violated a previous court order by deporting alleged Venezuelan gang members. The administration has acknowledged that Abrego Garcia's deportation was a mistake, yet they maintain that they do not have the authority to compel El Salvador to accept his return.
In the appeal, the government contended that Abrego Garcia “has no legal right or basis to be in the United States at all,” and that the public interest does not support his return, particularly not under what they described as "a slapdash one conducted as the result of judicial fiat.”
While White House officials have accused Abrego Garcia of being affiliated with a criminal gang, his legal representatives have firmly denied these allegations, asserting that there are no pending charges against him. Judge Xinis found that a previous order from an immigration judge in 2019, which prohibited Abrego Garcia's removal to El Salvador, remains valid.
Abrego Garcia was detained by ICE officers on March 12 and questioned about his supposed gang ties. According to the judge, he had complied with all immigration directives, including annual check-ins, and had never faced criminal charges or convictions. Currently, he is being held in a prison in El Salvador that the judge described as one of the most dangerous facilities in the Western Hemisphere.
This ongoing legal battle highlights the complexities and challenges associated with immigration enforcement and judicial authority in the United States.
