Trump Admin Asks Supreme Court to Halt Judge’s Ruling Ordering Return of Deportee

The Trump administration has filed an emergency application with the U.S. Supreme Court, asking it to block a federal judge’s order requiring the government to bring back an illegal immigrant who was deported to El Salvador.

In a filing on April 7, the Department of Homeland Security (DHS) acknowledged that an “administrative error” led to the deportation of Kilmar Abrego-Garcia to El Salvador, but that it opposes a lower court order directing his return to the United States. The filing argues that such relief is beyond the court’s authority and would force the executive branch to engage in high-stakes diplomacy on an impossible timeline.

“While the United States concedes that removal to El Salvador was an administrative error, see App., infra, 60a, that does not license district courts to seize control over foreign relations, treat the Executive Branch as a subordinate diplomat, and demand that the United States let a member of a foreign terrorist organization into America tonight,” the filing states.

The district court’s April 4 order required DHS to “facilitate and effectuate” Abrego-Garcia’s return to the United States by 11:59 p.m. on Monday, April 7. That ruling was made after U.S. District Judge Paula Xinis found the government had violated a 2019 immigration ruling that barred his removal to El Salvador due to credible threats from the rival Barrio 18 gang.

Abrego-Garcia was arrested on March 12 by Homeland Security Investigations, a division of Immigration and Customs Enforcement (ICE), because of what officials described as his “prominent role” in the MS-13 transnational gang. He was deported to El Salvador three days later.

This is a developing story, updates will follow.