DOJ to Supreme Court: Don’t Let Judge Force Trump-Era Deportation Undo

In a case that’s sparking outrage and confusion across the country, the Department of Justice is now asking the U.S. Supreme Court to block a federal judge’s order that would force the Biden administration to bring back a Maryland man who was wrongfully deported to El Salvador.

The man at the center of it all is 29-year-old Kilmar Abrego Garcia. He had been living in the U.S. for years with no criminal record, a work permit, and was married to a U.S. citizen. A judge even ruled in 2019 that he should not be deported, granting him protection from being sent back to El Salvador due to the danger he faced there from violent gangs.

But in March 2025, that ruling was apparently ignored or forgotten. Immigration agents detained Abrego Garcia and put him on a plane back to El Salvador—a move the DOJ has since admitted was a mistake.

The Judge Steps In

When the wrongful deportation came to light, U.S. District Judge Paula Xinis didn’t hold back. She called the action “wholly lawless” and demanded that the government fix its mistake. In no uncertain terms, she ordered the Biden administration to return Abrego Garcia to the U.S. by midnight on April 7.

But the DOJ wasn’t on board. Instead of complying with the order, the Justice Department took its case to the highest court in the land, asking the Supreme Court to stop the judge’s ruling from taking effect. They argue that the court doesn’t have the authority to force the executive branch to carry out what it calls an “extraordinary” and “impractical” task.

Roberts Hits Pause

Just hours before the return deadline, Chief Justice John Roberts stepped in and issued a temporary stay. That pause means Abrego Garcia will remain in El Salvador—where he is currently being held in a maximum-security prison—for now, as the Supreme Court decides whether Judge Xinis overstepped her bounds.

The DOJ’s position is that while they acknowledge the deportation was wrong, they claim they no longer have the legal authority to bring him back because he’s no longer under their control. But critics argue that’s a convenient excuse to avoid accountability.

Behind Bars Abroad

Abrego Garcia’s current situation is dire. He’s not just stranded in El Salvador—he’s locked up. Since his arrival, he’s been detained in a harsh anti-terrorism facility, even though there is no public evidence tying him to any criminal activity.

U.S. courts had previously found no grounds to connect him to gangs like MS-13, despite immigration officials reviving that claim. His supporters say this latest attempt to smear him only adds insult to injury.

Wider Impact and Repercussions

The case is raising serious questions about who holds the power in immigration law: the courts or the executive branch. It’s also prompting fresh scrutiny of how seriously the federal government takes judicial orders—especially in matters that can quite literally be life or death.

Inside the DOJ, there’s been fallout too. Two top lawyers involved in Abrego Garcia’s deportation have reportedly been placed on leave. That signals the administration may be trying to clean house internally, even as it resists the court’s demand to bring him back.

What Happens Next?

With the Supreme Court now involved, all eyes are on how the justices will rule. If the court sides with the DOJ, it could limit judges’ power to fix mistakes made by immigration authorities. If it rules in favor of Abrego Garcia, it could set a powerful precedent for holding the government accountable—even when it tries to undo its mistakes.

For now, Abrego Garcia remains behind bars in a foreign country he was legally protected from. And a family in Maryland continues to wait, hoping that the highest court in the U.S. will do what they believe is right: bring him home.