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Reuveni’s handling of the case has come under fire after a federal judge ruled that Kilmar Abrego Garcia — a known MS-13 member — must be brought back to the U.S. by Monday. Garcia had been deported to El Salvador last month, but the judge claimed the removal was a mistake.
In court, Reuveni admitted Garcia’s deportation had stemmed from an “administrative error.” That concession opened the door for Judge Paula Xinis to issue a stunning order: the U.S. government must retrieve the MS-13 suspect and return him to U.S. soil — immediately.
The Biden administration wasted no time appealing the decision and blasted the judge’s ruling as an unprecedented overreach.
“Late Friday afternoon, a federal district judge ordered the United States to force El Salvador to send one of its citizens – a member of MS-13, no less – back to the United States by midnight on Monday. If there was ever a case for an emergency stay pending appeal, this would be it,” read the government’s emergency appeal, obtained by Fox News.
The appeal went further, slamming the judge’s order as impossible to fulfill, arguing the federal court had no authority to compel the U.S. to demand a foreign nation reverse a deportation.
“Nevertheless, the court’s injunction commands that Defendants accomplish, somehow, Abrego Garcia’s return to the United States in give or take one business day,” the appeal read, calling the situation “indefensible.”
The DOJ’s filing also pointed out what’s at stake. “Abrego Garcia has been found to be a member of a designated Foreign Terrorist Organization, MS-13. Given that status, he has no legal right or basis to be in the United States at all,” it stated.
Despite the government’s stance, Judge Xinis sided with Garcia. That decision flies in the face of a prior ruling from an immigration judge five years ago, who acknowledged the risk Garcia posed if released. Though his asylum request was denied, the judge initially blocked his deportation out of fear that Salvadoran gangs would retaliate against him.
However, the same judge also flagged Garcia as a flight risk, citing his history of skipping out on court hearings and traffic-related violations. The evidence presented showed he was a confirmed member of MS-13 and that he could pose a danger if released.
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“The American people should know who this individual is. He’s not some American father as the mainstream media will make you believe, he’s actually a member of MS-13, and was involved in 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,” said DHS spokeswoman Tricia McLaughlin.
The whole ordeal has sparked outrage among conservatives, who say the Biden administration is allowing judicial activism to override national security — and worse, letting bureaucratic bungling endanger the public.
Bondi’s swift action against Reuveni sends a clear message: there is no room for hesitation when defending the safety of the American people, especially when known gang members like Garcia are involved.
The question now: Will the court’s ruling hold — and will the U.S. be forced to bring back a foreign criminal who has no legal right to remain on American soil? Stay tuned.
