The U.S. Supreme Court stepped in on Monday to temporarily block a lower court’s order that would have required the Biden administration to return a previously deported Salvadoran national to the United States by midnight. Chief Justice John Roberts issued the stay in response to an emergency application from the federal government.
The individual at the center of the case, 29-year-old Kilmer Abrego Garcia, was deported to El Salvador in March due to what federal officials have described as an “administrative error.” The case quickly gained national attention because of Abrego Garcia’s background and the nature of his removal. According to U.S. Immigration and Customs Enforcement (ICE), he is a suspected member of the violent MS-13 gang and has a standing deportation order from 2019.
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.
He ordered Abrego Garcia’s lawyers to respond by Tuesday at 5pm ET. pic.twitter.com/NSM03mo52d— Bill Melugin (@BillMelugin_) April 7, 2025
However, the 2019 order also included a provision by the immigration judge recommending against deportation to El Salvador, citing concerns for Abrego Garcia’s safety. Despite that warning, he was returned and subsequently placed in a mega prison in the Central American nation. The district court ruling issued on April 4 by Judge Paula Xinis directed the government to bring him back to the U.S., prompting the Department of Justice to seek urgent relief from the Supreme Court.
The Justice Department’s emergency filing argued that enforcing the district court’s order would establish a precedent that could hinder the executive branch’s authority over immigration enforcement. In response, Chief Justice Roberts temporarily stayed the lower court’s directive and gave Abrego Garcia’s legal team until Tuesday at 5 p.m. Eastern to respond.
The Supreme Court’s order reads: “Upon consideration of the application of counsel for the applicants, it is ordered that the April 4, 2025 order of the United States District Court of Maryland, case No. 8.25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8, 2025, by 5 p.m. (EDT).”
The broader implications of this legal battle touch on the separation of powers, particularly the balance between judicial review and executive discretion in immigration enforcement. The government contends that courts should not compel the return of individuals who have already been lawfully removed—especially those with documented gang affiliations.
For many, this situation underscores growing concerns over immigration control, national security, and the capacity of federal agencies to implement removal orders without interference from the judiciary. The case will likely spark further legal debate and could set a significant precedent regarding the extent to which courts can intervene after deportations have occurred.
