Obama judge orders Trump admin to bring mistakenly deported MS-13 member back to US

The Trump administration deported an illegal alien on March 15 who was found by more than one immigration court to be a "danger to the community" and a member of the terrorist organization Mara Salvatrucha.

While a prime candidate for removal, government attorneys indicated that Kilmar Abrego Garcia was ultimately deported to El Salvador "because of an administrative error."

An Obama judge ordered the Trump administration on Friday to bring the Salvadoran national back into the United States. On Sunday, U.S. District Judge Paula Xinis doubled down on her order, claiming that immigration agents "had no legal authority to arrest [Abrego Garcia], no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere."

Xinis appeared particularly concerned that Abrego Garcia, whose lawyers claimed he is not a gangster, has been placed in a facility that "intentionally mixes rival gang members without any regard for protecting the detainees from 'harm at the hands of the gangs,'" stating that the "risk of harm shocks the conscience."

The Obama judge further suggested that Abrego Garcia's detention at the southern nation's Terrorism Confinement Center "appears wholly lawless"; that "equity and justice compels" Garcia's return to the United States; that the "legal basis for the mass removal of hundreds of individuals to El Salvador remains disturbingly unclear"; and that the government's "jurisdictional arguments fail as a matter of law."

Attorneys for the government previously indicated both that U.S. District Judge Paula Xinis lacks the jurisdiction to make such an order and that the Trump administration cannot bring the gang member back as he is no longer in American custody.

On the matter of jurisdiction, the Obama judge asserted that the "United States exerts control over each of the nearly 200 migrants sent to CECOT," noting "the Defendants detained them, transported them by plane, and paid for their placement in the mega-jail until 'the United States' decides 'their long-term disposition.'"

Xinis claimed further that she "retains jurisdiction because Abrego Garcia challenges his removal to El Salvador, not the fact of his confinement."

'We suggest the Judge contact President Bukele.'

Simon Sandoval-Moshenberg, the lawyer for Abrego Garcia, told Xinis that he wants to see the Trump administration "put on a leash" to make sure his Salvadoran client is returned in a timely manner, reported CNN.

The Obama judge, apparently keen to oblige Sandoval-Moshenberg, has ordered the government to "facilitate and effectuate the return" of the MS-13 gangster by no later than 11:59 p.m. on Monday.

Stephen Miller, White House deputy chief of staff, said in response to Xinis' order, "Marxist judge now thinks she's president of El Salvador."

Homeland Security Assistant Secretary Tricia McLaughlin underscored in an interview last week that Abrego Garcia "is actually a member of MS-13 who was involved in human trafficking. It's unbelievable the framing of this. Whether this man is in El Salvador or in a U.S. detention center, he should be locked up."

White House press secretary Karoline Leavitt said in a statement, "We suggest the Judge contact President Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador."

While the Trump administration has found itself dealing with multiple activist judges like Xinis, in this case it has also suffered from players taking shots on their own net.

Erez Reuveni, the acting deputy director of the Department of Justice's immigration litigation division, was placed on administrative leave Saturday for bungling the case and failing to "follow a directive from [his] superiors," according to a letter sent to the lawyer and obtained by the New York Times.

Reuveni, 15-year veteran of the division, furnished Xinis with commentary that she made good use of in her Sunday ruling. He said that Abrego Garcia's deportation should never have taken place and expressed frustration with having the case land on his desk.

"At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States," Attorney General Pam Bondi told the Times in a statement over the weekend. "Any attorney who fails to abide by this direction will face consequences."

It's unclear whether Reuveni's replacement will do a better job fighting to keep foreign gang members out of the homeland.

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