A federal judge issued a stern ruling early Sunday, instructing the Trump administration to return a suspected MS-13 gang member who she stated was wrongfully deported to El Salvador the previous week.
U.S. District Judge Paula Xinis, appointed by Obama and based in Maryland, criticized the Trump administration for what she termed a “grievous error” that “shocks the conscience.” This followed the inadvertent deportation of a Salvadoran migrant to a notorious prison last month, after which the administration claimed it had limited ability to retrieve him.
Judge Xinis’s order served two primary functions: it elaborated on her brief ruling from Friday, which mandated that the White House return migrant Kilmar Armando Abrego Garcia to the United States by the end of Monday, and it denied the Justice Department’s request to pause the order while a federal appeals court assessed its legitimacy.
In a comprehensive 22-page document, Xinis sharply rebuked Trump officials for deporting Abrego Garcia to El Salvador on March 15, in clear violation of a prior court order that permitted him to stay in the U.S. Administration officials contended that neither they nor Judge Xinis had the authority to retrieve him from the prison. “As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Xinis stated. “Having admitted to a grievous error, the defendants now argue that this court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return.”
Despite acknowledging the mistake, the Trump administration has continued to defend the deportation. On Sunday, Attorney General Pam Bondi claimed on Fox News that Abrego Garcia was a gang member, referencing testimony from immigration agents. She also revealed that the Justice Department attorney who initially managed the case has been suspended for failing to adequately represent the administration’s position.Erez Reuveni, the lawyer who was acting as the deputy director of the immigration litigation division, was removed from his position for not adhering to directives from his superiors, according to the New York Times. The report also indicated that Reuveni voiced his frustration in court regarding the administration’s management of the case.
“In accordance with my instructions, every attorney within the Department of Justice is obligated to vigorously represent the interests of the United States. Any attorney who does not comply with this directive will face repercussions,” Bondi stated.
The Justice Department has requested that the U.S. Court of Appeals for the Fourth Circuit temporarily halt Judge Xinis’s order, which mandates the administration to return Abrego Garcia to the United States by 11:59 p.m. on Monday.
“An order from the judiciary that compels the Executive Branch to interact with a foreign entity in a specific manner, or to enforce a particular action by a foreign sovereign, is constitutionally unacceptable,” government attorneys asserted. The appeals court has instructed Abrego Garcia’s legal team to respond to the government’s motion by Sunday afternoon, as reported by the Associated Press.
Additionally, some observers have noted that while Judge Xinis asserts that Abrego Garcia was incorrectly identified as an MS-13 gang member, she also acknowledged in her ruling that there are concerns he may face persecution from rival gangs—two statements that appear contradictory. If he was never affiliated with the El Salvador-based gang, they argue, there should be no basis for fearing persecution from “rival gangs.”
The administration has further contended that MS-13 has been classified as a terrorist organization by the State Department, a point the Justice Department claims is outside the jurisdiction of a federal court.
