U.S. Resident Wrongly Deported to El Salvador Continues Legal Battle

Kilmar Abrego Garcia, who has legally resided in the United States since 2011 under the protection of a 2019 court order preventing his deportation, was mistakenly sent to a high-security prison in El Salvador on March 15.

In a recent development, the Supreme Court decided that the United States is not required to bring back a Maryland resident, accidentally deported to El Salvador, by a midnight deadline. This ruling temporarily halts a previous order from a judge. Earlier on Monday, the 4th Circuit Court of Appeals denied a request from the Trump administration to pause a judge’s directive to return Abrego Garcia to the U.S. by the end of the day.

Later that afternoon, the Supreme Court issued an administrative stay, requesting that Garcia’s legal team submit a response by Tuesday at 5 p.m. The Trump administration labeled Abrego Garcia’s deportation, which occurred on March 15, as an “administrative error.” U.S. District Court Judge Paula Xinis termed the deportation “unlawful,” and ordered his return last Friday.

U.S. Attorney General Pamela Bondi applauded the Supreme Court’s decision, emphasizing the need to “protect the executive branch from judicial overreach.” Meanwhile, Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, clarified to NBC News that the stay from the Supreme Court is only temporary. “It doesn’t specify the duration,” he mentioned, “but we are confident that the Supreme Court will swiftly resolve this issue.”

This weekend was emotionally turbulent for Abrego Garcia’s family, as conveyed by Sandoval-Moshenberg. Abrego Garcia’s wife, through the immigration advocacy group CASA, expressed renewed hope following the 4th Circuit Court of Appeals’ decision. “My children, family, and I will persist in prayer and our pursuit of justice,” said Jennifer Vasquez Sura.

The Justice Department had earlier requested the 4th Circuit Court of Appeals to delay the ruling, as well as urged Judge Xinis to hold off her decision while appeals were considered — a request that was denied on Sunday.

In its appeal to the Supreme Court, the Trump administration stated, “This order — insisting on rapid foreign negotiations and Abrego Garcia’s immediate return — is unprecedented and unsupportable.”

Before the Supreme Court intervened, Sandoval-Moshenberg had planned to request Judge Xinis to employ “the full power of the court” to enforce her order if his client wasn’t back in the U.S. by the midnight deadline. The Trump administration contended that this deadline was both “arbitrary” and “unfeasible.”

“U.S. negotiations with a foreign government should not be subject to a judicial timeline, especially concerning issues of foreign terrorism and national security,” the filing argued, citing a trend of court orders demanding instant or near-instant compliance.

John Sauer, newly appointed as U.S. solicitor general, remarked, “The district court lacks jurisdiction over El Salvador’s government and therefore has no authority to mandate Abrego Garcia’s return to the U.S.”

A White House spokesperson criticized the lower court’s demand to bring Abrego Garcia back, labeling it “an erroneous ruling.” “The Supreme Court must control the lower courts to uphold the Rule of Law,” remarked White House representative Harrison Fields in a statement.

Kilmar Abrego Garcia stands accused by the Trump administration of being linked to the MS-13 gang, claims which his lawyer has firmly denied. Sandoval-Moshenberg explained that Garcia fled to the United States in 2011 to escape gun violence, with his life threatened by gang members extorting his family. Abrego Garcia has no criminal record in either the U.S. or El Salvador.