Chief Justice Blocks Court Order Requiring Return of Man Sent to El Salvador Prison

Just hours before a midnight deadline, U.S. Supreme Court Chief Justice John Roberts on Monday blocked District Judge Paula Xinis' order directing the Trump administration to return Kilmar Abrego Garcia, a man mistakenly deported to a prison in El Salvador, to the United States.

Roberts—who is part of the U.S. Supreme Court's right-wing supermajority but has publicly criticized President Donald Trump's attacks on the federal judiciary and sometimes sided with the liberal justices against the administration—did not explain his decision to grant an administrative stay, which temporarily pauses Xinis' order until the high court makes another decision.

"I would not reach too much into Roberts' action," saidSlate's Mark Joseph Stern, who covers the court. "Justices regularly issue administrative stays so the full court can mull a request. Remember that Roberts also stayed Judge [Amir Ali's] order on foreign aid before the full court ultimately denied a stay. It is surely upsetting for Abrego Garcia, though."

Roberts ordered Abrego Garcia's attorneys to respond by 5:00 pm ET Tuesday. "BUT: Abrego Garcia's lawyers have—at roughly the same time, although Roberts' order appears first on the docket—already filed their response," notedLaw Dork's Chris Geidner.

"In short, the question is now back to the court," Geidner explained. "No reply is required in shadow docket requests, although it is often submitted. The court does not need to wait for a reply, so any reply should be submitted as quickly as a party thinks the court would need it/might act."

As Abrego Garcia's lawyers wrote to the high court:

The government knew about the court order prohibiting Abrego Garcia's removal to El Salvador, and admits that removing him in violation of that order was an "administrative error"... Abrego Garcia has never been charged with a crime, in any country. He is not wanted by the government of El Salvador. He sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake.

The government "can—and does—return wrongfully removed migrants as a matter of course"... The district court's order instructing the government to facilitate Abrego Garcia's return is routine... It does not implicate foreign policy or even domestic immigration policy in any case. The United States has never claimed that it is powerless to correct its error and before today, it did not contend that doing so would cause it any harm. That is because the only one harmed by the current state of affairs is Abrego Garcia.

The Trump administration had asked the Supreme Court to intervene earlier Monday, after Maryland-based Xinis doubled down on an order issued Friday and a panel from the Court of Appeals for the 4th Circuit declined to grant a stay.

One of the appellate judges wrote: "The United States government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process. The government's contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable."

Before the Trump administration sent Abrego Garcia to the Terrorism Confinement Center (CECOT) in his native El Salvador, he lived in Maryland with his wife, Jennifer Stefania Vasquez Sura, a U.S. citizen; their autistic, nonverbal 5-year-old child; and two children from Vasquez Sura's previous relationship.

As CNNreported Monday, before Roberts' decision, Vasquez Sura had welcomed the appeals decision and renewed her call for Trump and Nayib Bukele, the president of El Salvador, to bring her husband home.

“This decision gives me hope, and even more encouragement to keep fighting. My children, family, and I will continue praying and seeking justice. Now that the court has spoken, I ask again that both President Trump and President Bukele stop attempting any further delays," she said. "They need to follow the court's order NOW. My children are waiting to be reunited with their father tonight."

Congressional Democrats—including Reps. Joaquin Castro (Texas) and Pramila Jayapal (Wash.) on Monday—have also pressured the administration to return Abrego Garcia to his family. Castro also shared a warning from Joyce White Vance, a University of Alabama law professor and legal analyst for NBC News and MSNBC, that "if it can happen to Abrego Garcia, it can happen to any of us."

As Common Dreamsreported, Trump on Sunday expressed a desire to accept Bukele's offer to take prisoners who are U.S. citizens. "I love that," he said. "If we could take some of our 20-time wise guys that push people into subways and hit people over the back of the head and purposely run people over in cars, if he would take them, I would be honored to give them."