The U.S. Department of Justice is asking the Supreme Court to block a lower court’s order that requires the return of Kilmar Abrego Garcia. He is a Maryland man who was mistakenly deported to El Salvador last month. A federal judge had given the Trump administration a deadline to bring him back, but the Justice Department argues that the court no longer has the power to intervene since Garcia is now outside the U.S.
Judge Paula Xinis ruled that the government had no right to remove someone who was lawfully in the country without due process. She criticized the government’s claims that federal courts cannot step in, calling them unacceptable. Recently, a panel from the Fourth U.S. Circuit Court of Appeals denied the Justice Department’s request for an emergency stay on Judge Xinis’s order.
Garcia had lived in Maryland for over ten years and had legal protection known as "withholding of removal." Despite this, Immigration and Customs Enforcement (ICE) arrested him and deported him along with others labeled as gang members. The White House claims that Garcia is linked to the Salvadoran gang MS-13.
Tricia McLaughlin, an official from the Department of Homeland Security, stated that Garcia should be detained, whether in El Salvador or the U.S. She mentioned that an immigration judge had found him to be a verified member of MS-13 and suggested he was involved in human trafficking. However, Garcia’s lawyers strongly dispute these claims, noting he has no criminal record in the U.S. or elsewhere.
In 2019, an immigration judge had ordered Garcia to be held without bond after reviewing gang-related allegations. Yet, after further hearings, he was granted legal protection that should have prevented his deportation. His lawyers argue that the gang allegations stem from a confidential informant’s accusation, which lacks credible evidence.
Judge Xinis described the accusations against Garcia as vague and unverified. She pointed out that the administration failed to present any solid evidence to support their claims. The government admitted in court that Garcia’s deportation was due to an "administrative error," and he is currently being held in a notorious detention center in El Salvador.
Judge Xinis expressed her disapproval, stating that the government had no legal basis to arrest or deport Garcia. She called the situation a "grievous error." During a recent hearing, when asked why Garcia was not returned after the mistake was recognized, a Justice Department lawyer admitted he had not received a satisfactory answer.
The Justice Department maintains that it cannot control actions taken by El Salvador and that the district court overstepped its authority. However, Judge Xinis countered that the U.S. is financially supporting El Salvador to hold these detainees. The appeals court agreed, warning that allowing the government to deport individuals in violation of court orders creates a dangerous precedent.
This case highlights significant concerns about due process and the treatment of immigrants in the U.S. The legal battles surrounding Garcia’s deportation continue as the Supreme Court considers the Justice Department’s appeal.