What is the likelihood of the alleged MS-13 member returing to the US?

A Maryland federal judge has issued a stern warning to the Trump administration to comply with a Supreme Court order “in good faith” regarding the return of an alleged MS-13 gang member who was mistakenly deported to El Salvador. Kilmar Abrego Garcia, a Salvadoran national and Maryland resident, was deported to El Salvador last month after being accused of being a member of the violent MS-13 gang. However, his attorneys have vehemently denied these allegations, stating that he has no ties to the gang.

During a hearing on Friday, U.S. District Judge Paula Xinis instructed the government to provide daily updates as they work to comply with the Supreme Court’s order, which upheld her previous ruling to bring Abrego Garcia back to the United States. “I hope you will, in good faith, comply and we’ll take it from there,” Xinis stated, emphasizing the importance of transparency and accountability in the process.

However, Deputy Assistant Attorney General Drew Ensign and Judge Xinis expressed differing interpretations of the Supreme Court’s order during the hearing. The Supreme Court had stated that Xinis’ order required the government to facilitate Abrego Garcia’s release from custody in El Salvador and ensure that his case is handled appropriately as if he had not been wrongfully deported.

Defense attorney Phil Holloway highlighted the ambiguity in the Supreme Court’s order, suggesting that further clarification may be needed to avoid potential future disputes. He noted that the government could potentially seek relief from Xinis’ order on the grounds of it being overly burdensome and impeding the president’s executive authority.

Legal experts such as Jonathan Turley and Hans von Spakovsky have raised questions about the extent of the district court’s authority in this matter. While the court must respect the Executive Branch’s role in foreign affairs, it also has the power to hold the government accountable if bad faith actions are detected. Turley suggested that the court could potentially hold the government in contempt if it is found to be acting in bad faith, although enforcement could prove challenging given Abrego Garcia’s location in El Salvador and the president’s authority over foreign affairs.

As the case unfolds, it remains to be seen how the government will navigate the complexities of complying with the Supreme Court’s order while upholding the president’s executive authority. The district court will continue to monitor the situation closely, seeking clarity and transparency in the process of bringing Kilmar Abrego Garcia back to the United States.