Judge Paula Xinis gave the Trump administration until midnight Monday to return Kilmar Abrego García, who was deported despite a court order forbidding it.
The Trump administration asked the Supreme Court on Monday to block a lower court order requiring officials to bring back a Maryland man who was mistakenly deported to El Salvador.
The emergency motion came after U.S. District Judge Paula Xinis gave the administration until 11:59 p.m. Monday to return Kilmar Abrego García, a Salvadoran immigrant who is married to a U.S. citizen.
Abrego García has been detained at a mega-prison in El Salvador since U.S. Immigration and Customs Enforcement deported him last month, despite a court order forbidding it because he had fled death threats from gang members in his home country.
Trump officials have argued that they have no power to return Abrego García because he is now in the custody of El Salvador.
Xinis forcefully pushed back on that assertion Sunday, writing that the federal government does have the authority to return Abrego García and that Trump officials have offered “no evidence” he was a gang member. The judge noted that Homeland Security Secretary Kristi L. Noem recently visited the Salvadoran prison and met with President Nayib Bukele and other officials, saying the jail remained a tool for U.S. immigration enforcement.