In a significant move, Chief Justice Roberts of the Supreme Court has put an indefinite hold on a court order demanding the return of Kilmar Abrego Garcia, an alleged MS-13 gang member, by midnight. This comes after President Trump made an urgent appeal to the Supreme Court for a stay on the judge’s order.
Roberts has granted the Trump Administration a stay on the order from Judge Xinis, allowing time for resolution. Lawyers representing Abrego Garcia have until Tuesday, April 8 to present their responses.
WHOA! I was wrong (at least for now). Stay granted pending resolution.
— Mary (@ProfMJCleveland)
April 7, 2025
The issue began last Friday when US District Judge Paula Xinis from Maryland ordered that the alleged gang member be returned to the U.S. after being deported to El Salvador’s infamous CECOT prison. However, Chief Justice Roberts blocked her order.
Solicitor General John Sauer raised concerns about Judge Xinis’ sweeping order and tight deadline in his appeal to the Supreme Court. He emphasized the constitutional authority of the President over foreign negotiations, arguing that, “The Constitution vests the President with control over foreign negotiations so that the United States speaks with one voice…”
Sauer further stressed the potential precedent this order could set, stating, “If this precedent stands, other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business.”
Additionally, Sauer pointed out the lack of jurisdiction the United States has over El Salvador, arguing that the U.S. “cannot compel El Salvador to follow a federal judge’s bidding.”
