The Trump administration is requesting the U.S. Supreme Court to intervene in a legal battle involving a Maryland man, Kilmar Abrego Garcia, who was mistakenly deported to a notorious Salvadoran prison. In an emergency appeal filed on Monday, the Justice Department asked the justices to halt a lower court’s order that mandates Abrego Garcia’s return to the United States.
The government claims that U.S. District Judge Paula Xinis exceeded her legal authority when she directed federal officials to repatriate Abrego Garcia. Despite admitting the deportation was a mistake, officials argue they cannot retrieve him since he is no longer under U.S. custody.
The administration’s emergency appeal highlights what Solicitor General D. John Sauer called “a deluge of unlawful injunctions” issued to obstruct former President Trump’s policies. Sauer described Judge Xinis’ demand—to return Abrego Garcia by midnight Monday—as “patently unlawful.”
Abrego Garcia, 29, had been legally residing in the U.S. with a work permit. Employed as a sheet metal apprentice, he was pursuing a journeyman license and lived with his U.S. citizen wife. His legal status and work permit were verified, making the deportation even more controversial.
In 2019, an immigration judge had specifically barred U.S. authorities from deporting him to El Salvador, fearing gang-related persecution. That ruling was ignored last month when immigration agents detained and deported him, citing vague and unconfirmed allegations of gang involvement.
Although the White House labeled the deportation as an “administrative error,” officials also attempted to associate Abrego Garcia with the notorious MS-13 gang. However, no formal charges or convictions exist to support the claim. His attorneys maintain there’s no credible evidence linking him to any gang activity.
Judge Xinis sharply criticized the government’s actions, calling the deportation “wholly lawless” and based on “vague, uncorroborated” allegations. She demanded swift action, giving the administration until midnight to “facilitate and effectuate” his return.
A federal appeals court in Richmond, Virginia, also weighed in, denying the administration’s request to halt the judge’s ruling. In a concise opinion, Judge J. Harvie Wilkinson remarked, “There is no question that the government screwed up here.”
In a separate but related appeal, the Trump administration is asking the Supreme Court to reinstate deportations of Venezuelan migrants accused of gang affiliations to the same Salvadoran prison. This request is based on a rarely used 18th-century wartime law.
Meanwhile, fallout continues at the Justice Department. Attorney General Pam Bondi removed a key government lawyer, Erez Reuveni, from the case following his courtroom admission that the deportation was erroneous. Reuveni has been placed on administrative leave.
