Trump Admin Urges Supreme Court to Block Return of Deported Salvadoran Man

The Trump administration has taken its battle to the Supreme Court after a federal judge ordered the return of a Salvadoran man mistakenly deported despite his suspected ties to MS-13 and human trafficking. In an emergency filing Monday night, Solicitor General D. John Sauer asked the high court to block what the administration called an “unprecedented” overreach by the judiciary into matters of foreign policy and national security.

At the center of the fight is Kilmar Abrego Garcia, 29, a Salvadoran national arrested in Maryland last month and promptly deported to El Salvador. While the removal was later acknowledged by ICE as an “administrative error,” the administration is pushing back hard against U.S. District Judge Paula Xinis’ order requiring his return to U.S. soil.

“The Constitution charges the president, not federal district courts, with the conduct of foreign diplomacy and protecting the nation against foreign terrorists,” Sauer argued in his filing, calling the judge’s ruling “remarkable.”

Judge Xinis had set a hard deadline of 11:59 p.m. ET Monday for the government to bring Abrego Garcia back. Earlier that day, the Fourth Circuit Court of Appeals rejected the Justice Department’s emergency appeal, triggering the administration’s move to the Supreme Court.

Let’s not sugarcoat it: Abrego Garcia was not deported over a parking ticket. He was labeled by U.S. Immigration and Customs Enforcement as a suspected member of MS-13, one of the most brutal transnational gangs operating in the United States. An immigration judge in 2019 agreed he posed a danger to the community and ordered him removed but with the caveat that he not be sent to El Salvador, citing the risk of torture.

That caveat was overlooked. And now, left-wing legal activists want the Trump administration to re-import a known gang suspect back into the country.

Sauer warned the Supreme Court that allowing Judge Xinis’ order to stand would fundamentally alter the executive branch’s power to enforce immigration law and conduct diplomacy.

“If this precedent stands,” Sauer wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business.”

Abrego Garcia, according to ICE, was believed to be involved in human trafficking and gang operations.

Since 2012, MS-13 has been linked to more than 500 homicides across the U.S., including the brutal slayings of teenagers in places like Long Island, Maryland, and Virginia.

This is not about compassion it’s about control. And in this case, the judiciary is attempting to seize powers clearly delegated to the executive branch under the Constitution. If Judge Xinis gets her way, every rogue judge in the country could effectively dictate foreign policy and immigration enforcement by fiat.

White House officials maintain that their actions were lawful and in line with Trump’s broader mission to restore order to a system broken by decades of leniency and chaos.

Once again, the Trump administration is stepping in to stop activist judges from undermining our sovereignty. The stakes couldn’t be higher not just for immigration, but for the future of executive power and constitutional government.

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