Obama-appointed Judge Paula Xinis has refused to lift her order demanding the return of an alleged MS-13 gang member to the United States after his deportation to El Salvador. This case highlights the escalating tension between the judiciary and executive branches over deportation authority. What authority do federal judges have to overturn executive branch deportation decisions?
Obama-Appointed Judge Defies Trump Administration
Judge Paula Xinis has doubled down on her controversial order demanding the return of Kilmar Abrego, an alleged MS-13 gang member, to the United States following his deportation to El Salvador. The Obama-appointed federal judge rejected the Trump administration’s request to annul her directive, describing Abrego’s removal as an “illegal act” that “shocks the conscience.”
During a heated courtroom exchange, Judge Xinis admonished government attorneys, declaring, “This was an illegal act; Congress said you can’t do it, and you did it anyway.” Her rebuke has escalated tensions between the judiciary and the executive branch over immigration enforcement authority, particularly concerning individuals with alleged ties to violent criminal organizations.
JUST IN: Saying the Trump administration’s “grievous error” “shocks the conscience,” a federal judge has rejected their call to lift her order demanding the return of Kilmar Abrego Garcia. https://t.co/6VAcOArpky pic.twitter.com/HYpE7KyvTo
— Kyle Cheney (@kyledcheney) April 6, 2025
DOJ Attorney Suspended After Apologizing for Deportation
The case has triggered significant internal fallout within the Justice Department after DOJ immigration lawyer Erez Reuveni apologized for the deportation during a court hearing. Deputy Attorney General Todd Blanche swiftly suspended Reuveni, who serves as the acting deputy director of the DOJ’s immigration litigation division.
US Attorney General Pam Bondi issued a stern directive following the incident, emphasizing the administration’s position on legal representation. “At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences,” Bondi stated in a clear rebuke of Reuveni’s courtroom concession.
JUST IN: District Judge Paula Xinis has issued an order demanding that the Trump administration return a deported suspected MS-13 gang member from an El Salvadoran prison back to the U.S. pic.twitter.com/OmrisqZZVG
— Libs of TikTok (@libsoftiktok) April 4, 2025
Case Headed to Higher Courts
The legal battle has now escalated to the 4th Circuit Court of Appeals, which has required Abrego’s attorneys to file a response by Sunday afternoon. This rapid timeline suggests the case’s significant implications for immigration enforcement policy and the balance of power between government branches.
The Trump administration maintains that Abrego poses a serious threat to public safety as an alleged MS-13 gang member involved in human trafficking operations. Administration officials argue that Judge Xinis’s order represents an unprecedented judicial intrusion into executive deportation authority and creates a dangerous precedent by potentially requiring the return of deported individuals deemed dangerous to communities.
Immigration policy experts note that this case could ultimately reach the Supreme Court, given its constitutional implications regarding separation of powers. The outcome may significantly impact how immigration enforcement actions proceed against gang members and other individuals with alleged criminal connections, potentially reshaping the relationship between the judiciary and executive branch on deportation matters for years to come.