Supreme Court delays midnight deadline for Trump administration to fix mistaken deportation of Maryland man

Supreme Court Chief Justice John Roberts has issued a temporary administrative stay in the case of Kilmar Armando Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador by the government. The stay delays the midnight deadline for Garcia’s return to the U.S., allowing the court more time to consider the arguments presented by both sides.

The Trump administration had requested emergency intervention from the Supreme Court, arguing that a federal court cannot order the president to engage in foreign diplomacy, which they claim is necessary for Garcia’s return. The government alleges that Garcia is a gang member and that his return could complicate sensitive international negotiations.

Garcia, who has protected legal status in the U.S., was sent to a notorious mega-prison in El Salvador due to what the government called an “administrative error.” He entered the U.S. in 2011 to escape gang violence in his home country and has a wife who is a U.S. citizen and a 5-year-old child.

Despite the government’s claims, Garcia’s attorneys maintain that he is not a member of the MS-13 gang, as alleged. They argue that his immigration status was changed without due process and that he should be allowed to return to the U.S. to have his case heard by an immigration judge.

The appeal to the Supreme Court came after the U.S. Court of Appeals for the 4th Circuit upheld a ruling by U.S. District Judge Paula Xinis, ordering Garcia’s return by Monday at 11:59 p.m. ET. The 4th Circuit rejected the Trump administration’s emergency motion to block the order, stating that the government has no legal authority to remove a person lawfully present in the U.S. without due process.

As the Supreme Court considers the arguments from both sides, the fate of Kilmar Armando Abrego Garcia hangs in the balance. The temporary stay issued by Chief Justice Roberts gives hope to Garcia and his supporters that justice will prevail in this complex and emotionally charged case. The recent ruling by U.S. Circuit Judge Jamie Wilkinson, a Reagan appointee, has shed light on a troubling situation where the government’s actions have been called into question. Wilkinson’s scathing opinion stated unequivocally that “there is no question that the government screwed up here.” This bold statement highlights the gravity of the situation at hand.

Wilkinson went on to criticize the government’s lack of effort in rectifying their mistake. He pointed out that when individuals make mistakes, they typically strive to correct them. However, in this case, the government has shown a distinct lack of accountability by failing to take any steps to address their error.

In a concurring opinion, U.S. Circuit Judges Robert King and Stephanie Thacker echoed Wilkinson’s sentiments. They emphasized that the government had ample opportunity to prove their claims about the Maryland man being a member of MS-13. However, they noted that the government had not made any effort to substantiate these allegations.

King and Thacker pointed out that the government had failed to provide any evidence to support their assertion that the man in question was affiliated with a gang. This lack of proof raises serious concerns about the validity of the government’s claims and calls into question the basis for their actions.

Overall, the government’s handling of this case has raised serious doubts about their credibility and competence. The failure to provide evidence to support their claims, combined with their lack of effort to correct their mistake, is deeply troubling. It is imperative that the government take swift and decisive action to address these concerns and ensure that justice is served.