After the Supreme Court ruling in the case of Kilmar Abrego Garcia, I wrote a column disagreeing with the media coverage that claimed that the Trump Administration was ordered to return Garcia to the United States from El Salvador. The Administration mistakingly sent Garcia to a foreign prison. However, the Court only ordered that the Administration “facilitate” such a return, a term it failed to define. Now, U.S. District Judge Paula Xinis is indicating that she feels unfacilitated, but it is unclear how a court should address this curious writ of facilitation.
“I’ve gotten nothing. I’ve gotten no real response, and no real legal justification for not answering,” she continued, adding that if the administration is not going to answer her questions “then justify why. That’s what we do in this house.”
There is nothing worse than a feeling of being unfacilitated, but how does the court measure good faith facilitation?
Garcia is an El Salvadorian citizen in an El Salvadorian prison. The refusal of El Salvador to send the accused MS-13 gang member back effectively ends the question on any return.
Many of us suspect that El Salvador would send back Garcia if asked, but how can a court measure the effort of an Administration in communications with a foreign country?
Judge Xinis is suggesting that she will be holding someone in contempt. However, this is a discussion occurring at the highest level. Would a formal request be enough?
Is Judge Xinis suggesting that the court can require punitive or coercive measures against a foreign country to facilitate a change in its position?
The fact is that a unanimous decision of the Court is not hard when no one can say conclusively what the order means. If Judge Xinis is going to move ahead with new orders, it will find its way back to the Supreme Court.
The Court clearly (and correctly) held that Garcia deserves due process and that this removal was a mistake. As I have previously stated, the Administration should have brought him back for proper deportation. I still believe that. However, the Court also held that the President’s Article II authority over foreign policy has to weigh heavily in such questions.
As the court goes down this road, it can quickly get bogged down in subjective judgments on what constitutes facilitation. That is the can kicked down the road by the Supreme Court and it is now likely to come rattling back to the justices.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
On the judicial crisis:
“we are witnessing an inversion of Article III. The Supreme Court is no longer Supreme. Rather, the federal government is now subject to inferior court supremacy. Lower court judges are now confident they can issue any order they wish against the executive branch, and the Supreme Court will not stop them. This is the judiciary run amok.”
https://reason.com/volokh/2025/04/17/a-recipe-for-district-judge-supremacy
I have been saying the same here for awhile.
Roberts has much to answer for.
Anyone seen the pictures of the Senator and the illegal having adult drinks together.
So much for his life in danger.
Yeah, and the apparently besmitten senator is looking lovingly into the eyes of the gangster.
Meanwhile, Trump and his people are consoling the mother of a daughter brutally killed by an illegal and are doing all they can to prevent these horrific incidents from happening again.
Strange how the Democrats have become the party of violence and killers in so many ways. They seem to be turning into Nazis.
I am embarrassed for you! You are a lawyer! Its one thing to send him home – another to sent him prison! Facilitate – fine they get some their own “construction’ but he is human being! And we can’t simple label him! Americans need proof – and courts are for that. If they get away with this what is the limit? We already decided in terrorist cases? And for those ppl hanging their hat on domestic violence. Sorry. His wife never prosecuted so no crime. This man is a human being! If after a trial he is worthy of cent co fine. But we owe it to ourselves – the checks and balance because next time it cod be us! He’ll this time? Why isn’t his land lord guilty? Under Logan – oh hud? The slippery slope is here! He’s the top off the hill! They skate down with him next is everyone else who helped in any way his residence in america! Bet his landlord wishes in the face of the Logan and fair housing act …that he got a fair trial. Bc the 4th isn’t kidding about what’s next given this lable!
Seriously where is the intersection of the fair housing act @ the Logan act? That’s already dubious but this escalates a fight by honest Americans and our government. Honest Americans always win! So to the courts point out system gets less credibility – when what America needs is honest institutions. But that doesn’t matter to those who want to tear us down to tribalism! They should be careful! I’m sure I’m not the only vet caring about this mans due process! Trump needs to tread his hotshot Bondi made a mistake! We are not blind! If it cost us 100000 to get him back a real trial – such is the cost – subtract it from the turtle crossing grant in florida. He’s a human! Let a court say if he’s a demon!
What in the heck are you talking about?
Anon– “Americans need proof – and courts are for that.”
First, he has MS-13 tattooed on his knuckles. He is actually physically labeled, like the washing instructions sewn on a shirt
Second, a court has already determined that he is a gang member and should be deported.
He was “labeled” in two US deportation proceedings which received evidence showing he was a member of
the criminal gang. No court has ever disputed that. They simply came up with the claim that he would be in danger
from his enemies in El Salvador. As if it is our business to protect violent gang members from each other.
As far as him going to prison, that is the decision of his home country.
#. Judge xinis, you have not explained what is ” the scope of effectuate”. The public feels uneffectuated and in your response give deference to the executive branch powers.
The sticking point is in not terminating the portion of prior order regarding deportation to El salvador. Mr. Garcia need not be present for that termination.
As to due process, it is the process due DUE the circumstance of deportation. If Mr abrego can produce a document regarding legal us entry then he entered legally. Otherwise, there’s nothing else due.
Release from custody in salvador would then mean garcia is no longer in the custody of the US . He’s in the custody of El salvador his citizen nation.
Terminate the prior decision of shall not be released to…that defined by law and his gang affiliation isn’t sufficient. The US does not harbor criminals.
Please see President Bukele. If garcia manages to stay in custody of the US his stay at CECOT may be for 1 year.
President Bukele claims his citizen and terminate the prior order. Simple…garcia was duly deported.
Being a MAGA, you are incapable of critical thinking, so I’ll help you out here: the source of the Texas measles outbreak was a Mennonite community that rejects vaccination. It is a lie to say that it was due to unvaccinated immigrants. That’s just another MAGA media lie calculated to stir up hatred for migrants. The WHO made the MMR vaccine available worldwide decades ago. It is mandatory in many countries, including Slovenia, where Melania is from.
Moron
Funny how one side celebrates that the SCOTUS said the USA must facilitate Abrego’s return, while the the other side celebrates that the SCOTUS also instructed the judge not to intrude on the Executive’s power to conduct foreign relations.
I think the SCOTUS was 100% correct. Separation of Powers has consequences.
#. Facilitate his release of custody…he’s in the custody of US. Release from custody because he’s duly deported and custody is El Salvador his native land.
One more thing Pam Bondi needs to investigate. Baby mama gives birth to Kilmar’s anchor baby while baby papa is in jail in 2019 (after arrest near Home Depot for suspected MS 13 activities – drugs dumped under cars nearby by Kilmar). Then, both live at 4505 Birchtree Ln, which is single family modern house with almost 5 grand in property taxes alone. How? She has 2 more kids from previous hookups. Obviously, on welfare. Google street maps show construction working van parked in front along 2 more cars.
https://www.redfin.com/MD/Temple-Hills/4505-Birchtree-Ln-20748/home/10787525
Then, there is an issue of his income from human trafficking when he got caught by Tennessee troopers in 2022.
Were KIlmar and mama defrauding the Feds on food stamps and house/kids allowance?