U.S. Supreme Court Chief Justice John Roberts issued a temporary administrative stay late today, halting a lower court’s order that the government bring back a Maryland man who was wrongly deported to El Salvador. The stay temporarily impedes a previously set midnight deadline, allowing the Supreme Court additional time to consider the arguments from both sides.
The Maryland man, Kilmar Abrego Garcia, had been erroneously deported despite the fact that an immigration judge ordered that Garcia would most probably be persecuted upon being returned to El Salvador. Garcia, the man without any criminal record, was legally residing in America and was in possession of a valid work permit when he was erroneously deported.
The Justice Department appealed U.S. District Judge Paula Xinis’s decision on an emergency basis, arguing she exceeded judicial authority in ordering Garcia’s return. The administration agreed the deportation was an administrative mistake but argued logistical and legal constraints made compliance problematic.
Chief Justice Roberts’ administrative stay provides the government with temporary relief as the Supreme Court balances the legal factors involved. The court has commanded Garcia’s attorneys to submit their response in short order, which indicates a speedy consideration of the case.
The incident highlights the ongoing legal bitterness regarding immigration enforcement and judicial authority, as the federal courts attempt to discern the scope and limits of administrative decisions
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