US Supreme Court pauses order for return of Maryland man mistakenly deported to El Salvador

The US government had said that Garcia was deported to El Salvador due to an “administrative error” but argued that he is a member of the MS-13 gang, which Garcia’s lawyer categorically denied.

The Supreme Court’s temporary order comes hours after the US Justice Department approached the apex court through an emergency plea and argued that the US District Judge Paula Xinis overstepped her authority in ordering the return of Kilmar Abrego Garcia to the United States and that American officials cannot compel El Salvador to return Garcia.

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA’s Multicultural Center in Hyattsville, Md. (AP photo)

According to Solicitor General D. John Sauer’s court papers, “The district court’s injunction—which requires Abrego Garcia’s release from the custody of a foreign sovereign and return to the United States by midnight on Monday is patently unlawful,” Associated Press reported.

US Attorney General Pamela Bondi welcomed the verdict by Chief Justice Roberts and added that the administration will “continue to fight this case and protect the executive branch from judicial overreach”.

However, the Trump administration acknowledged the error on their part and said that Abrego Garcia should not have been deported to El Salvador since an immigration judge had ruled that he would likely face persecution by local gangs.

District Judge Xinis had given the administration time until Monday midnight to “facilitate and effectuate” Abrego Garcia’s return.