Trump DOJ to Judge Xinis: Deportation of MS-13 Gang Member Will Stand if He Re-Enters U.S.
In a bold rebuke of judicial overreach, the Trump Administration has once again made it clear to Obama-appointed Judge Paula Xinis: MS-13 gang member Kilmar Abrego Garcia will not be allowed to remain in the United States, regardless of ongoing court drama.
Illegal Alien, Gang Member, and Fugitive
Kilmar Abrego Garcia, an El Salvadoran national and alleged MS-13 member, was ordered removed from the U.S. in 2019 by an immigration judge. Despite this, Judge Xinis continues to press the Trump administration over his deportation after the Supreme Court issued a vague directive for the U.S. to “facilitate” his return — contingent on El Salvador’s cooperation.
Garcia is currently imprisoned in El Salvador’s CECOT supermax facility, home to thousands of the country’s most dangerous criminals. The Salvadoran government has been clear: he’s not being released.
Trump DOJ: We’re Not Playing Games
The Justice Department submitted a sharply worded court filing Tuesday, stating unequivocally:
“If Abrego Garcia presents at a U.S. port of entry, he will be taken into DHS custody and removed — either to a third country or directly to El Salvador, based on his MS-13 affiliation, a designated foreign terrorist organization,” said DHS Acting General Counsel Joseph Mazzara.
The DOJ also emphasized a critical legal boundary: Garcia is under the jurisdiction of a foreign sovereign nation, and the United States cannot and will not forcibly extract him from El Salvador — a point reinforced by President Bukele’s Oval Office remarks:
“How can I smuggle a terrorist into the United States? Of course I’m not going to do it.”
Judge Xinis Escalates
Unfazed by the administration’s stance, Judge Xinis told both sides to prepare for “two weeks of intensive discovery.” She demanded daily updates and announced her intent to move quickly toward a ruling.
“We’re going to do this by the federal rules of civil procedure,” she said, adding that press releases won’t sway the court—only sworn testimony will.
The Bigger Picture
This case is rapidly becoming a constitutional clash between judicial activism and executive immigration authority. The Trump DOJ is defending national sovereignty and the rule of law. Meanwhile, activists and far-left lawmakers are lobbying to smuggle a convicted gang member back into the U.S. under the pretense of compassion.
With Democrats planning a visit to El Salvador to plead for Garcia’s release, and Trump’s DOJ refusing to bow, the next two weeks could mark a pivotal turning point in the administration’s zero-tolerance stance on criminal illegal aliens — and the battle over who controls America’s immigration policy.
Stay tuned.