Chief Justice John Roberts has temporarily paused a lower court’s order requiring the Trump administration to return Kilmar Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador. This pause delays the midnight deadline previously set for Abrego Garcia’s return.
U.S. District Judge Paula Xinis had earlier mandated the administration to “facilitate and effectuate” Abrego Garcia’s return by midnight, emphasizing that his deportation was an “administrative error.” The Department of Justice (DOJ) acknowledged the mistake but argued that the court’s injunction was “patently unlawful,” asserting that the government lacks the authority to retrieve him from El Salvador.
Abrego Garcia, 29, had been residing legally in the U.S. with authorization from the Department of Homeland Security and has no criminal record. An immigration judge had previously ruled in 2019 that he should not be deported due to the likelihood of facing persecution by gangs in El Salvador. Despite this, he was detained and deported last month.
The Hill reports:
Roberts agreed to hold the deadline until the high court can resolve the Trump administration’s emergency request to wipe it completely. The chief justice set a fast briefing schedule for the request, ordering the plaintiffs to respond by Tuesday afternoon.
Monday’s “administrative stay” does not address the underlying merits of the dispute and is not necessarily an indication of how the court will rule.
The Trump administration has acknowledged an “administrative error” that mistakenly removed Kilmar Abrego Garcia, a Salvadoran national who resides in Maryland, despite an immigration judge’s 2019 ruling protecting him from being deported to El Salvador over fears of violence.
Abrego Garcia was one of hundreds of migrants deported to a notorious Salvadoran prison last month. The administration has accused him of being connected to MS-13 based on a report from a confidential informant, but Abrego Garcia’s family rejects that he has any gang ties.
DOJ asserts that it cannot return Abrego Garcia to Maryland now that he is under the supervision of Salvadoran authorities.
The administration has linked Abrego Garcia to the MS-13 gang, a claim that has been contested due to a lack of supporting evidence. The case has drawn significant attention, highlighting tensions between judicial authority and executive actions in immigration enforcement.
This is a breaking news story. Please check back for updates.
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I thought these ROGUE judges who are OVERSTEPPING their boundaries, told to STAND DOWN?
What right does a LOWER “District” court which should NOT have UNIVERSASL, or countrywide JURISDICTION, but should stick to the jurisdiction within their own district, being allowed to BLOCK the president countrywide? Only the Supreme Court has that power; otherwise ALL three branches have EQUAL POWER.
I have no seen anywhere where the president has attempted to STOP a District Court judge’s RULING as being UNFAIR to the DEFENDANT; Why does a district judge attempt to stop executive actions or deportations; when Immigration issues are strictly under the jurisdiction of the Executive Branch?. How can the Executive branch be in ERROR by deporting an entity who is in the country ILLEGALLY, which IS a CRIMENIAL offense AND DEPORTABLE?