The president of the Supreme Court, John Roberts, has issued a temporary administrative suspension, postponing a midnight deadline for the government to return a Maryland man deported by mistake to the United States, giving the Court more time to consider the arguments presented by both parties.
The Trump administration had asked the Supreme Court emergency intervention in the case of Kilmar Armando Abrego García, whom the government, by its own admission, moved to El Salvador by mistake.
Roberts did not explain the decision. Administrative stays are not failures about merits in any way and do not indicate one way or another how the court could finally govern.
The Supreme Court requested an answer to Trump’s request from García’s lawyers before 5 pm on Tuesday.
This photo provided by home, an immigrant defense organization, in April 2025, shows Kilmar Abrego García.
House through AP
In the earliest presentation on Monday, the Attorney General of the Trump Administration D. John Sauer argued that a federal court cannot order a president to participate in foreign diplomacy, which, according to him, is implicitly involved in any possible return of Kilmar Armando Abrego García, who alleges the Trump administration is a member of a gang.
“The Constitution accuses the President, not the Federal District Courts, with the conduct of foreign diplomacy and the protection of the nation against foreign terrorists, even when carrying out their removal,” says Sauer. “And this order establishes the United States for failure. The United States cannot guarantee success in sensitive international negotiations in advance, and less that a court imposes a mandatory and compressed deadline date that greatly complicates the taking and taking of foreign relations negotiations.”
Abrego García, despite having protected the legal status, was sent to the notorious mega prison of Cecot in El Salvador after what the government said it was an “administrative error.”
In March, Abrego García, whose wife is an American citizen and who has 5 -year -old children, was arrested by customs immigration agents who “informed him that his immigration status had changed,” according to his lawyers. He was arrested and then transferred to a detention center in Texas before being sent to El Salvador.
Abrego García entered the United States in 2011 when he was 16 to escape the violence of gangs in El Salvador, according to his lawyers. Simon Sandoval-Moshenberg, the lawyer who represents Abrego García, said last week that his client is not a member of MS-13, as the government claimed, but said that is a problem for an immigration judge.
The appeal before the Supreme Court occurred on Monday morning, just before the United States Court of Appeals for the 4th Circuit reaffirmed Friday’s ruling by the American District Judge Paula Xinis that Abrego García must be returned on Monday at 11:59 pm et.
President Donald Trump walks on the southern grass of the White House upon arrival in Washington, DC, on April 6, 2025.
Chris Kleponis/AFP through Getty Images
The 4th Circuit Court of Appeals rejected the emergency motion of the Trump administration to block the order to return Abrego Garcia to the United States
In a unanimous decision, the panel of three judges agreed to the order of Xinis that required the government “to facilitate and carry out the return of [Abrego Garcia] For the United States no later than 11:59 pm on Monday, April 7, 2025, “should not stay.
“The United States government has no legal authority to snatch a person who is legally present in the United States outside the street and eliminate it from the country without due process,” said the judges. “The statement of the Government, otherwise, and its argument that federal courts are helpless to intervene, are inconceivable.”
The circuit judge of the United States, Jamie Wilkinson, who was appointed by Ronald Reagan, said in his opinion that “there is no doubt that the government ruined here.”
“If it really is a mistake, one would also expect the government to do what it can to rectify it,” Wilkinson said. “Most of us try to undo, to the extent that we can, the mistakes we have made. But, as far as I know, the government has not made the attempt here.”
In a concurrent opinion, the United States Circuit Judge, Robert King, and the United States Circuit Judge, Stephanie Thacker, said that if the government wanted to demonstrate that Maryland’s man who was sent to El Salvador was “an outstanding” MS-13 member, they had “broad opportunities to do so”, but it has not been bothered. “
“The government has not made any effort to demonstrate that Abrego García is, in fact, a member of any gang,” said King and Thacker.
