Chief Justice John Roberts agreed on Monday to delay a midnight deadline related to the case of the Trump administration’s deportation of a Maryland man who was mistakenly sent to a notorious prison in El Salvador.
This temporary order followed a Justice Department emergency appeal to the Supreme Court, which argued that U.S. District Judge Paula Xinis had exceeded her authority by ordering the return of Kilmar Abrego Garcia to the United States.
The administration acknowledged that Abrego Garcia should not have been deported to El Salvador because an immigration judge had determined he would likely face persecution by local gangs. However, he was no longer in U.S. custody, and the government claimed it had no means to bring him back.
Judge Xinis had mandated that the administration “facilitate and effectuate” Abrego Garcia’s return by midnight. Solicitor General D. John Sauer, in the court documents, characterized the district court’s injunction as clearly unlawful, placing it among numerous judicial orders slowing down President Donald Trump’s agenda.
Chief Justice Roberts, who handles appeals from Maryland, received the Justice Department’s appeal. Concurrently, the Trump administration sought the Supreme Court’s permission to resume deportations of Venezuelan migrants, accused of being gang members, to the same Salvadoran prison under an 18th-century wartime law.
The federal appeals court in Richmond, Virginia, denied the administration’s request for a stay. Judge J. Harvie Wilkinson, in a brief opinion supporting the unanimous denial, acknowledged the government’s error.
The White House labeled Abrego Garcia’s deportation as an “administrative error” but suggested he was an MS-13 gang member. Abrego Garcia’s attorneys contended there was no evidence supporting this claim. They argued that the Executive branch cannot violate court orders, deposit individuals in foreign prisons, and claim separation of powers to shield its actions from judicial review.
Judge Xinis stated that the arrest and deportation of Abrego Garcia appeared “wholly lawless,” as evidence was scant regarding allegations of his former involvement with MS-13.
Abrego Garcia, a 29-year-old Salvadoran national, has not faced any charges or convictions. Detained last month by immigration agents, he was deported despite having a work permit from DHS. He was a sheet metal apprentice pursuing licensure, with his wife being a U.S. citizen.
An immigration judge had previously barred Abrego Garcia’s deportation to El Salvador in 2019. A Justice Department lawyer later admitted in court that his deportation was incorrect, which preceded Attorney General Pam Bondi’s decision to remove the lawyer, Erez Reuveni, from the case and place him on leave.
This story initially appeared on Fortune.com.
