The Trump administration is making a plea to the Supreme Court to overturn a judge’s ruling that demands the return of a Maryland man, Kilmar Abrego Garcia, who was wrongfully deported to El Salvador.
Acting swiftly, Solicitor General John Sauer filed an emergency appeal on Monday morning to halt the midnight deadline imposed by a federal judge in Maryland for Abrego Garcia’s repatriation from a high-security prison in El Salvador.
Legal Battle Unfolds
Sauer criticized U.S. District Judge Paula Xinis’ directive as unprecedented and unjustifiable, arguing that compelling the administration to negotiate Abrego Garcia’s return from another country exceeds judicial authority.
Although the administration has labeled Abrego Garcia’s deportation as an administrative or clerical error, they also allege his affiliation with the notorious MS-13 gang, classified as a terrorist organization by the U.S. government.
In contrast, Xinis highlighted the lack of evidence linking Abrego Garcia to MS-13 or any terrorist activities.
Personal Background
Abrego Garcia entered the U.S. unlawfully around 2011 and has no criminal record as confirmed by his legal representatives. Prior to his deportation, he resided in Maryland with his American wife and their three U.S. citizen children.
As the clock ticks towards Xinis’ looming deadline, the Trump administration’s final recourse lies in Supreme Court intervention. Earlier today, a federal appeals court rejected the administration’s plea to postpone Xinis’ order.
In a unanimous decision, a three-judge panel from the 4th Circuit Court of Appeals dismissed claims that the administration lacks the authority to seek Abrego Garcia’s return and that Xinis’ ruling breaches the separation of powers.
