A legal battle unfolds as the Trump administration challenges a federal court order demanding the return of an alleged MS-13 gang member to the United States from El Salvador.

According to The Daily Caller, the Department of Justice filed an emergency appeal with the Supreme Court on Monday to block a lower court order requiring the return of Kilmar Abrego Garcia by 11:59 p.m. Monday.

The case centers around Garcia, who entered the U.S. illegally in 2011 and later married an American citizen. Despite having protected status granted in October 2019, he was deported to El Salvador in March 2025 due to what officials later admitted was an administrative error.

Complex international negotiations at stake

The DOJ argues that the court-imposed deadline creates unrealistic expectations for diplomatic negotiations with El Salvador. The administration emphasizes that they cannot guarantee cooperation from a sovereign nation, especially under such tight time constraints.

The Trump administration maintains that, despite the administrative error leading to Garcia's deportation, his alleged MS-13 membership justifies keeping him out of the United States. Officials cite documentation from Prince George's County Police Department confirming his gang affiliation through a confidential informant.

Department of Homeland Security Assistant Secretary Tricia McLaughlin provided a strong defense of the deportation decision, stating:

[Garcia is] actually a member of MS-13 and was involved in human trafficking ... It is a gang that rapes, maims, and kills Americans for sport. They should not be on U.S. soil.

Legal protections and enforcement actions

In 2019, Garcia received "withholding of removal" status after a judge determined he faced potential persecution from gangs in El Salvador. This protection, similar to asylum, should have prevented his deportation.

The situation changed dramatically when ICE agents arrested Garcia during a traffic stop on March 12. After being transferred between several detention facilities, he was deported to El Salvador, where he is currently held in the Terrorism Confinement Center.

The DOJ emphasized in their Supreme Court appeal that Garcia's case presents unique challenges due to his alleged membership in MS-13, which they classify as a designated foreign terrorist organization.

Federal court battle intensifies

U.S. District Judge Paula Xinis, an Obama appointee, ordered Garcia's return, declaring his deportation "an illegal act." The federal appeals court in Richmond, Virginia, subsequently denied the administration's request to block this order.

The administration acknowledges the clerical error that led to Garcia's deportation but argues that the court's demands are unreasonable. Their appeal emphasizes the complications of international negotiations and sovereignty issues.

The DOJ's emergency appeal highlights concerns about setting dangerous precedents for future immigration cases and compromising national security interests.

Critical decisions and next steps

The Trump administration faces mounting pressure to resolve the complex case of Kilmar Abrego Garcia, an alleged MS-13 gang member deported to El Salvador despite having protected status in the United States. The Supreme Court must now weigh the administration's emergency appeal against Judge Xinis's order requiring Garcia's immediate return. The case highlights the ongoing tension between immigration enforcement priorities and legal protections for individuals facing persecution in their home countries.