The Supreme Court on Monday temporarily paused a federal judge’s midnight deadline to return a Salvadorian national who was mistakenly deported while the justices weigh the case.
The big picture: Chief Justice John Roberts set a 5pm Tuesday deadline for a response from Kilmar Armando Abrego Garcia’s attorney after the Trump administration argued the lower court order improperly imposed on the president’s foreign policy powers.
- The Trump administration had asked the high court to get rid of the Monday deadline set by U.S. District Judge Paula Xinis to return Abrego Garcia to the U.S., repeating their accusations that he’s a member of MS-13.
- Abrego Garcia, who was legally living in Maryland, has not been convicted of gang-related crimes.
- The Fourth Circuit Court of Appeals earlier Monday refused to block Xinis’ order.
Context: Abrego Garcia was detained by immigration officials and erroneously deported despite a court order saying he could remain in the U.S. because of a likelihood of harm in El Salvador.
- He was wrongly told last month by immigration agents that his status had changed.
- His wife, a U.S. citizen, identified him after seeing a news article that featured a picture of detainees entering the notorious Center for Terrorism Confinement (CECOT) prison in El Salvador.
- Justice Department attorneys conceded that he was removed to El Salvador because of an “administrative error.”
Editor’s note: This is a breaking news story. Please check back for updates.
