Trump requests Supreme Court intervention to stop judge's order to return mistakenly deported man to the US
The Trump administration characterized Abrego Garcia’s deportation as both an “administrative error” and a “clerical error.”

In an emergency appeal submitted on Monday morning, Solicitor General John Sauer urged the justices to suspend the midnight deadline set by U.S. District Judge Paula Xinis for the return of Kilmar Abrego Garcia. Abrego Garcia was deported last month to El Salvador, despite a 2019 immigration judge's ruling that he should not be sent back due to the risk of persecution.
Sauer described Xinis' order as “unprecedented and indefensible," contending that compelling the administration to demand the return of Abrego Garcia from another nation oversteps the authority of the judicial branch.
The administration has characterized Abrego Garcia’s deportation as an “administrative error” and a “clerical error.” However, officials also assert that he is associated with the violent MS-13 gang, which the U.S. government has designated as a terrorist organization.
Judge Xinis countered that the government has “offered no evidence linking Abrego Garcia to MS-13 or to any terrorist activity.”
According to the government, Abrego Garcia entered the U.S. illegally in 2011. His attorneys maintain that he has no criminal record. Before his recent deportation, he resided in Maryland with his wife, a U.S. citizen, and the couple has three children who are also U.S. citizens.
As the deadline approached for Xinis' order at 11:59 p.m. on Monday, the Supreme Court represented the last hope for the Trump administration. Earlier on the same day, a federal appeals court rejected the administration’s request to suspend Xinis' ruling.
A three-judge panel of the 4th Circuit Court of Appeals unanimously dismissed the assertion that the administration lacked the authority to seek Abrego Garcia’s return, affirming that Xinis' order did not violate the separation of powers.
Alejandro Jose Martinez for TROIB News