The Supreme Court delays the midnight deadline for Trump’s administration in order to repair the erroneous deportation of Maryland man
The chief judge of the Supreme Court, John Roberts, issued a temporary administrative suspension – by postponing a deadline for midnight so that the government wrongly returning Maryland man to the United States – giving the court more time to examine the arguments presented by the two parties.
The Trump administration had asked the Supreme Court an emergency intervention in the case of Kilmar Armando Abrego Garcia, which the government – by its own admission – moved to Salvador by mistake.
Roberts did not explain the decision. Administrative stays are in no way decisions on the merits and do not indicate in one way or another how the court could possibly rule.
The Supreme Court asked for a response to Trump’s request from Garcia lawyers on Tuesday at 5 p.m.
This undated photo provided by Casa, an organization for the defense of immigrants, in April 2025, shows Kilmar Abrego Garcia.
House via AP
In the file earlier Monday, the general request for Trump administration, D. John Sauer, argued that a federal court could not order a president to engage in foreign diplomacy, which, according to him, is implicitly involved in any potential return of Kilmar Armando Abrego Garcia, who according to the Trump administration is a member of a gang.
“The Constitution accuses the president, not the courts of federal district, with the conduct of foreign diplomacy and the protection of the nation against foreign terrorists, in particular by carrying out their referral,” writes Sauer. “And this ordinance establishes the United States in failure. The United States cannot guarantee the success of international negotiations sensitive in advance, especially when a court imposes a compulsory and absurdly compressed deadline which considerably complicates the offense of foreign relations negotiations.”
Abrego Garcia, although he protected legal status, was sent to the famous Mega-Prison Cecot in El Salvador following what the Government said to be an “administrative error”.
In March, Abrego Garcia, whose woman is an American citizen and who has a 5 -year -old child, was arrested by immigration and customs agents who “informed him that his immigration status had changed”, according to his lawyers. He was detained and then transferred to a detention center in Texas before being sent to Salvador.
Abrego Garcia entered the United States in 2011 at the age of 16 to escape the violence of gangs in Salvador, according to his lawyers. Simon Sandoval-Moshenberg, a lawyer representing Abrego Garcia, said last week that his client was not a member of MS-13, as the government said, but said it was a problem for an immigration judge to address.
The appeal to the Supreme Court came on Monday morning, just before the American court of appeal of the 4th circuit reaffirms the decision on Friday by the American district judge Paula Xinis that Garcia Garcia must be rendered on Monday at 11:59 p.m..
President Donald Trump walks on the southern lawn of the White House when he arrived in Washington, DC, April 6, 2025.
Chris Kleponis / AFP via Getty Images
The 4th Circuit Court of Appeals rejected the Trump administration’s emergency request to block the return order to Abrego Garcia in the United States
In a unanimous decision, the panel of three judges agreed with the Xinis order demanding that the government “facilitates and makes the return of [Abrego Garcia] By the United States at the latest at 11:59 p.m. on Monday, April 7, 2025, “should not stay.
“The American government does not have the legal power to tear a person who is legally present in the United States outside the street and withdraw from the country without regular procedure,” said the judges. “The statement of the government differently, and its argument that the federal courts are powerless to intervene, are inadmissible.”
US circuit judge Jamie Wilkinson, who was appointed by Ronald Reagan, said in his opinion that “there is no doubt that the government has messed up here”.
“If it is really an error, we would also expect the government to do what it can to rectify it,” said Wilkinson. “Most of us try to cancel, as far as we can, the errors we have made. But, to my knowledge, the government has not attempted here.”
In a concordant opinion, the American circuit judge Robert King and the American circuit judge Stephanie Thacker said that if the government wanted to prove that the man of Maryland who had been sent to El Salvador was “an eminent member” of MS-13, they had “amply the opportunity to do so”, but did not even take the trouble to try “.
“The government has made no effort to demonstrate that Garcia is, in fact, a gang member,” said King and Thacker.
