Judge Orders Return of Immigrant Locked Up in El Salvador Prison – Karoline Leavitt Points Out the Obvious Problem

Conservative News DailyApril 5, 2025

A recent ruling by U.S. District Judge Paula Xinis mandates that the Trump administration must reverse the deportation of Kilmar Abrego Garcia to El Salvador, where he would be sent to a prison notorious for housing gang members. Judge Xinis deemed the administration’s deportation action as “illegal” and ordered Garcia’s return by the end of Monday. In response, White House Press Secretary Karoline Leavitt questioned the judge’s jurisdiction over El Salvador and claimed Garcia was a member of the violent MS-13 gang, asserting that he “will not be returning” to the U.S.

however, Judge Xinis pointed out the lack of evidence presented by the federal goverment to substantiate claims of Garcia’s gang affiliation. She emphasized that accusations of membership in violent organizations require considerable legal processes and evidence. The controversy comes amid wider legal scrutiny over the handling of deportations and the authority of federal courts in these matters. Garcia had earlier been arrested while seeking asylum, citing threats from a rival gang in El Salvador. The case reflects ongoing tensions surrounding immigration policies and judicial oversight.

White House Press Secretary Karoline Leavitt reacted strongly to a federal judge ruling on Friday that the Trump administration must reverse a prior deportation to El Salvador.

U.S. District Judge Paula Xinis ruled that the administration sending Kilmar Abrego Garcia to CECOT, a prison in El Salvador used to contain gang members, was “an illegal act,” per a report from USA Today.

Xinis ordered that the return of Garcia must take place by the end of Monday.

Leavitt nevertheless contested the order, offering that Xinis should contact El Salvador President Nayib Bukele “because we are unaware of the judge having jurisdiction or authority over the country of El Salvador.”

Leavitt also said earlier this week that Garcia was part of the “brutal and vicious” MS-13 gang.

She vowed that he “will not be returning to our country.”

Xinis, an appointee of former President Barack Obama, meanwhile said the federal government has failed to show Garcia is actually in MS-13.

“That’s just chatter, in my view. I haven’t been given any evidence,” she said.

“In a court of law, when someone is accused of membership in such a violent and predatory organization, it comes in the form of an indictment, a complaint, a criminal proceeding that has robust process so we can assess the facts,” Xinis continued.

Xinis has given interviews to U.S. court media, explaining her unique views on criminal justice.

U.S. District Judge Paula Xinis, Maryland, recalls how her mother influenced her career when she was a federal public defender, representing disadvantaged clients, and today as a judge. #MothersDay https://t.co/gRQzDKKls4 pic.twitter.com/WJSpSjqgk2

— United States Courts (@uscourts) May 9, 2021

The judge told Justice Department attorneys that federal employees who were able to send Garcia to El Salvador “have the functional control to unwind the decision,” per USA Today.

Garcia had previously been arrested in 2019 outside a Home Depot in Maryland.

An unidentified informant claimed he was a member of MS-13.

Garcia was ordered to be removed, but he applied for asylum, contending that Barrio 18, a rival gang to MS-13, was extorting him in El Salvador and pressuring him to join the criminal enterprise.

An immigration judge issued an order in 2019 allowing him to remain in the United States.

The controversy over recent efforts to send criminal illegal aliens to CECOT occurs weeks after District Court Judge James Boasberg told the administration that alleged members of Tren de Aragua had to be brought back mid-flight to the United States.

Boasberg also enjoined President Donald Trump from using executive powers under the 1798 Alien Enemies Act.

The judge recently held another hearing to determine whether he would try to hold the Trump administration in contempt of court.

He rejected the notion that the administration complied with his order to reverse the deportations as they were happening.

“It seems to me, there is a fair likelihood that that is not correct,” Boasberg said.

“In fact, the government acted in bad faith throughout that day. You really believed everything you did that day was legal and could survive a court challenge. I can’t believe you ever would have operated in the way you did,” he added.