WASHINGTON — The Supreme Court’s Chief Justice, John Roberts, decided on Monday to grant a temporary suspension of a midnight deadline concerning the Trump administration’s return of a mistakenly deported Maryland resident. Kilmar Abrego Garcia had been sent back to El Salvador, facing potential danger from notorious local gangs. The decision followed a Justice Department appeal to the Supreme Court, suggesting that U.S. District Judge Paula Xinis had overreached her authority by demanding Abrego Garcia’s return to the U.S.
Despite the administration’s admission that Abrego Garcia should not have been deported — as an immigration judge had previously ruled that he could face persecution — the government argued that it lacks the means to bring him back. The deadline set by Xinis required officials to ensure Abrego Garcia’s repatriation just before midnight.
Critics from the administration challenged Xinis’s order, calling it an illegal act among other judicial rulings perceived to hinder President Donald Trump’s policies. Solicitor General D. John Sauer labeled the district court’s injunction as “patently unlawful,” marking it part of ongoing “unlawful injunctions.” The Justice Department’s appeal was directly submitted to Roberts, who is responsible for such appeals from Maryland.
Simultaneously, the Trump administration has sought the Court’s permission to continue deporting Venezuelan migrants accused of gang affiliations to the same Salvadoran prison, under an 18th-century law. A federal appeals court in Richmond, Virginia, recently denied a stay request from the administration. Judge J. Harvie Wilkinson noted, “There is no question that the government screwed up here,” in a brief opinion.
Although the White House referred to Abrego Garcia’s deportation as an “administrative error,” it also suggested his affiliation with the MS-13 gang, a claim his attorneys argue lacks evidence. Abrego Garcia’s legal team contended that the executive branch has overstepped by deporting individuals unlawfully, then relying on the separation of powers to defend such actions.
Judge Xinis stated that the motives behind Abrego Garcia’s deportation seemed “wholly lawless,” with insufficient evidence backing allegations of his gang membership. Abrego Garcia, who is 29 years old, had been working as a sheet metal apprentice in the U.S., with plans to obtain a journeyman license. Additionally, he had a legal work permit and is married to a U.S. citizen.
In 2019, he was protected from deportation under an immigration judge’s ruling. Despite this, immigration officials detained and deported him last month. During court proceedings, a Justice Department lawyer acknowledged the wrongful nature of Abrego Garcia’s deportation. Consequently, Attorney General Pam Bondi removed the lawyer, Erez Reuveni, from involvement in the case and placed him on administrative leave.