Chief Justice of the Supreme Court John Roberts has temporarily blocked a lower court’s ruling mandating that the Trump administration return an individual it had deported to El Salvador.
U.S. District Judge Paula Xinis last week ordered the administration to return Kilmar Abrego Garcia to the United States after he was sent to El Salvador despite a judge’s order shielding him from being deported to the country. The judge required the White House to return the deportee on Monday by the end of the day.
The Trump administration responded by appealing to the Supreme Court, claiming that it would be impossible to retrieve Abrego Garcia because he is no longer in U.S. custody. In the order, Roberts said the lower court’s ruling “is hereby stayed pending further order of the undersigned or of the Court.”
BREAKING: SCOTUS Chief Justice John Roberts has temporarily blocked the district court’s order that Salvadoran National Kilmer Abrego Garcia be returned to the U-S by midnight tonight.
— Bill Melugin (@BillMelugin_) April 7, 2025
He ordered Abrego Garcia’s lawyers to respond by Tuesday at 5pm ET. pic.twitter.com/NSM03mo52d
This is the latest development in the saga surrounding Abrego Garcia. The Trump administration has been locked in a back-and-forth with the courts over his case, and that of Venezuelans the White House sent to El Salvador.
The administration acknowledged that the deportee should not have been sent to El Salvador, even though it is his home country and he did enter the country illegally. An immigration judge in 2019 issued a withholding of removal order, which did not grant Abrego Garcia legal status but protected him from being sent back to his country. This came after the migrant argued that he could face violence from gangs if he was forced to return to El Salvador.
The Justice Department placed a government lawyer named Erez Reuveni on administrative leave after he expressed frustration about the case during court proceedings. “Our only arguments are jurisdictional … He should not have been sent to El Salvador,” he told Judge Xinis.
When the judge asked whether the federal government couldn’t just ask El Salvador to return Abrego Garcia, he responded, “The first thing I did when I got this case on my desk is ask my clients the same question.” He said he did not receive a clear answer.
Erez Reuveni argued on behalf of the Justice Department during Friday’s hearing in the Abrego Garcia case.
— Anna Bower (@AnnaBower) April 5, 2025
Reuveni has reportedly been placed on leave.
Here’s one exchange with the judge that may have contributed to his ouster: https://t.co/gzphh1sMQ8 pic.twitter.com/AkopJ5UiHy
Here’s another exchange that might have been disagreeable to DOJ leadership, who have accused Reuveni of failing to “zealously advocate” on behalf of the United States: pic.twitter.com/RUGzknzA9v
— Anna Bower (@AnnaBower) April 5, 2025
The administration claimed Abrego Garcia was a member of the MS-13 international street gang. Critics point out that the government’s only evidence was the word of a confidential informant and the fact that he wore Chicago Bulls attire. His family claims he was never involved with gangs. He has a clean criminal record.
The lower court’s order will be blocked until the Supreme Court can assess the case.