The Trump administration asked the Supreme Court on Monday to block a trial judge’s order directing the United States to return a Salvadoran migrant it had inadvertently deported.
Judge Paula Xinis of the Federal District Court in Maryland had said the administration committed a “grievous error” that “shocks the conscience” by sending the migrant, Kilmar Armando Abrego Garcia, to a notorious prison last month. She ordered the government to return him by 11:59 p.m. on Monday.
In the administration’s emergency application, D. John Sauer, the U.S. solicitor general, said Judge Xinis had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure his release.
“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”
He said it did not matter that an immigration judge had previously prohibited Mr. Abrego Garcia’s deportation to El Salvador.
“While the United States concedes that removal to El Salvador was an administrative error,” Mr. Sauer wrote, “that does not license district courts to seize control over foreign relations, treat the executive branch as a subordinate diplomat and demand that the United States let a member of a foreign terrorist organization into America tonight.”