The Supreme Court has placed a hold on Judge Paula Xinis’s order to retrieve the Maryland man deported to El Salvador. In the current atmosphere of activist lawfare judges, this case is a wonderful example of how something wrong does not then justify another wrong committed to correct it. The first apparent wrong would be the deportation of longtime Maryland resident Kilmar Armando Abrego Garcia to an ungodly environment in El Salvador, without evidence that he committed any crimes. The second wrong would be the actions of a judge assuming the authority of the Executive Branch to correct the first error, and thus her order was blocked.
The Case of the Deported Maryland Man
Abrego Garcia, born in El Salvador, came to the USA and has been living in Maryland as an undocumented and hence illegal immigrant. He nonetheless behaved very well, working legally as a sheet metal apprentice and marrying a US citizen. In 2019, he received “withholding of removal” from an immigration judge. This should have protected him from deportation.
Garcia, who has never been even charged or convicted of any crimes, nonetheless came under suspicion of membership in the domestic terror group MS-13. Garcia’s record shows he complied with all immigration requirements placed on him. Nonetheless, on March 12, the Maryland man was questioned and then detained by ICE for suspicion of membership in MS-13.
On March 15th, Garcia was deported to El Salvador, where he was delivered up to their terrifying and notorious “Terrorism Confinement Center,” a mega maximum security prison. Those sent there from the USA ended up being stripped, placed in shackles, and shaved. Garcia has not been heard from since his deportation.
The Judge Decrees The Return of This Man
Certainly, this is shocking and upsetting news. Judge Paula Xinis took it upon herself to defend Garcia. Where she went wrong, and why the Supreme Court blocked the order, is that she took upon herself the authority only granted to the Executive Branch and essentially decreed that the President of the United States must follow her directives.
Interference with the proper authority and functionality of the Executive Branch is itself a felony under 18 USC §2101. Punishment involves being fined, imprisoned up to five years, or both. In order for any judges to fall under felony punishment, they have to be impeached by the legislature first.
Judges nonetheless have issued various kinds of orders impeding the functionality of the Executive Branch, and in essence, appointing themselves as unelected and unaccountable rulers of the United States of America.
The judge ordered the USA to return Garcia from El Salvador by 11:59 pm this evening, when the USA has no authority to do so now that Garcia is in El Salvador. To get the Maryland man back, they now must negotiate with a foreign country, and this is the work of the Executive Branch, not a federal judge.
The Supreme Court agreed with the Trump administration that Xinis overreached her authority and blocked the order. The Maryland man whom ICE authorities sent to an El Salvador prison cannot be rescued merely by the order of a federal judge. It will take the full authority of the USA to bring the Maryland man back to his wife, his job, and his former life.