A federal judge has issued a strong ruling demanding the Trump administration return a suspected MS-13 gang member, Kilmar Armando Abrego Garcia, who was wrongly deported to El Salvador last week. U.S. District Judge Paula Xinis, an Obama appointee, condemned the administration for what she described as a “grievous error” that “shocks the conscience.” The judge criticized officials for deporting Abrego Garcia to a notorious prison in El Salvador, despite a previous court order allowing him to remain in the U.S.
In her 22-page ruling, Xinis ordered the White House to return Abrego Garcia by the end of Monday and rejected the Justice Department’s request to suspend her order while an appeals court reviewed its validity. She emphasized that the administration had no legal authority to arrest or detain him, nor to send him to El Salvador, especially to a dangerous prison.
Despite admitting the deportation was an error, the Trump administration defended its actions. Attorney General Pam Bondi claimed on Fox News that Abrego Garcia was a gang member, citing testimony from immigration agents. She also announced the suspension of Erez Reuveni, the Justice Department attorney who initially handled the case, for failing to adequately defend the administration’s position.
The Justice Department has sought to temporarily suspend Xinis’s order, arguing that a judicial order compelling the Executive Branch to engage with a foreign power is constitutionally intolerable. The appeals court has requested a response from Abrego Garcia’s lawyers regarding the government’s filing.
Critics have pointed out inconsistencies in Xinis’s ruling, noting that while she claimed Abrego Garcia was mistakenly labeled an MS-13 gang member, she also acknowledged the risk of persecution from rival gangs, raising questions about the validity of both statements. The administration has further argued that MS-13 is designated as a terrorist organization by the State Department, suggesting that this aspect of the case falls outside the jurisdiction of federal courts.
As the situation unfolds, the legal and political implications of this case continue to draw attention, highlighting the complexities surrounding immigration enforcement and the rights of individuals within the U.S. legal system.