Is it probable that the accused MS-13 member will come back to the US?

A Maryland federal judge on Friday instructed the Trump administration to abide by a Supreme Court order “in good faith” concerning the return of an alleged MS-13 gang member mistakenly deported to El Salvador. 

Kilmar Abrego Garcia, a Salvadoran national and Maryland resident, was deported to El Salvador last month on suspicion of being an MS-13 gang member. His legal team contends that he has no affiliation with the violent gang. 

In a hearing on Friday, U.S. District Judge Paula Xinis demanded that the government provide daily updates as they follow Thursday’s Supreme Court order endorsing her prior directive to bring Abrego Garcia back to U.S. territory. 

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“I hope you will, in good faith, comply and we’ll take it from there,” Xinis said Friday. “I want daily updates until this matter is resolved.”

Deputy Assistant Attorney General Drew Ensign and Xinis expressed differing views during the hearing on their interpretation of the high court’s order. 

On Thursday, the Supreme Court stated that Xinis’ order “correctly demands the government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been if he had not been erroneously sent to El Salvador.”

The Supreme Court also stated that the “intended scope of the term ‘effectuate’” in Xinis’ order is “unclear, and may exceed the District Court’s authority.”

“For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps,” the Court wrote. 

“It’s going to be very difficult for the parties and for the trial court to understand what the scope is of the Supreme Court’s order once the trial court takes the issue back up,” defense attorney Phil Holloway told Fox News Digital. 

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Holloway mentioned that the ambiguity in the high court’s order could lead to the case returning to the justices for further clarification. 

“The government is going to claim that they are operating in good faith to comply with an order from the Supreme Court that is murky, and they’re trying their best to comply with it,” he said. “At the same time, the president is attempting to exercise his executive authority under Article II, which the Supreme Court has stated the lower court must recognize.”

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia, speaks during a news conference at CASA’s Multicultural Center in Hyattsville, Maryland, on April 4.

Holloway remarked that the government has multiple options moving forward, including requesting relief from Xinis’ order and arguing that it is “unduly burdensome and impedes the president’s executive authority.”

“I believe they may attempt to relocate him from that prison to another location,” Holloway stated. “But I think they will strongly contest whether they are obliged to bring him back to U.S. soil.”

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Jonathan Turley, a law professor at George Washington University and a Fox News contributor, mentioned that the extent of the district court’s authority to compel the government to comply with the Supreme Court’s order is uncertain. 

“It’s entirely unclear what, if anything, the court can do beyond nudging the administration in this direction,” he said. 

In a Friday hearing, U.S. District Judge Paula Xinis ordered the government to provide daily updates as they comply with a Supreme Court order upholding her previous order to return Kilmar Abrego Garcia to U.S. soil.

Heritage Foundation Legal Fellow Hans von Spakovsky specifically highlighted the Supreme Court’s acknowledgment that the district court must consider “[d]ue regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” 

“So while the government must act in good faith to utilize diplomatic efforts to negotiate Garcia’s return and keep the district court informed of its efforts, the district court cannot issue direct instructions to the government on how to accomplish this foreign policy task or penalize the government if it fails,” von Spakovsky stated.

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“The assumption is that if the court determines that the administration is acting in bad faith, it could take some other action,” Turley pointed out. “The question is, how do you make that determination?” 

Turley expressed that the district court could find the government in contempt if it finds that the administration acted in bad faith. However, enforcement may be complex given that Abrego Garcia is abroad and the president’s Article II authority over foreign affairs.