WASHINGTON — On Thursday, the Supreme Court announced that the Trump administration must “facilitate” the return of a Maryland man who was wrongfully deported to a prison in El Salvador.
The court partially granted and partially denied an emergency request from the Justice Department challenging a judge’s order for Kilmar Abrego Garcia to be brought back from a Salvadoran prison, where he was sent on March 15 alongside alleged members of a Venezuelan gang.
“Today, the rule of law prevailed. It’s time to bring him back home,” said Andrew Rossman, one of Abrego Garcia’s attorneys, in an email.
The ruling indicates that the administration is not obligated to immediately attempt to return Abrego Garcia to the United States because the deadline set by the judge has already passed, but they “should be ready to disclose what actions have been taken and the possibility of future measures,” according to the unsigned ruling.
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The court noted that the district court judge may have overstepped her authority by requiring the government to not only “facilitate” but also “effectuate” Abrego Garcia’s return. The judge is expected to “clarify its directive, recognizing the deference owed to the executive branch in managing foreign relations,” the court ruling elaborated.
Although there were no dissenting opinions, the court’s three liberal justices added their names to a separate statement written by Justice Sonia Sotomayor, expressing that “the appropriate remedy is to afford Abrego Garcia all the processes he would have received had he not been unlawfully removed to El Salvador.”
Sotomayor further remarked that she believed Chief Justice John Roberts should not have granted a temporary stay on Monday, resulting in the missed deadline for the government’s action.
Abrego Garcia was mistakenly deported to a notorious prison in El Salvador on March 15 due to the Trump administration’s aggressive, controversial strategy to send supposed members of the Venezuelan gang Tren de Aragua there.
Immigration authorities claim that Abrego Garcia, who entered the United States illegally, is affiliated with the MS-13 gang, but they acknowledged that he should not have been sent back to El Salvador, his country of origin, labeling it an “administrative error.”
Abrego Garcia resided in Beltsville, Maryland, with his wife and three special needs children. His lawyers state that he sought refuge in the United States due to gang violence.
In 2019, the government initiated deportation proceedings against him, claiming he was a member of the MS-13 gang. However, an immigration judge determined that Abrego Garcia could not be deported to El Salvador due to “a clear probability of future persecution.”
Prior to his detention in March, he worked as a sheet metal worker in Maryland and complied with regular check-ins with immigration officials, according to his legal representatives.
Last week, Judge Paula Xinis from the Maryland U.S. District Court instructed that the government must “facilitate and effectuate the return” of Abrego Garcia by 11:59 p.m. on Monday.
After their challenge was not upheld by an appeals court, the Trump administration raised the matter to the Supreme Court.
Solicitor General D. John Sauer stated in court documents that judges do not possess the authority to “seize control over foreign relations” by compelling officials to engage in negotiations with El Salvador. He asserted that the Trump administration has ensured that no one deported to the Salvadoran prison will face torture.
Abrego Garcia’s attorneys described his deportation to El Salvador as a “Kafka-esque mistake,” emphasizing that the Salvadoran government was not actively pursuing his extradition, and he had never been charged with any crime.
His situation is a significant legal issue arising from President Donald Trump’s efforts to exercise extensive presidential authority over immigrant deportations, which has frequently led to allegations of rights violations.
One attorney from the Justice Department involved in the case was placed on administrative leave following remarks made in court where he expressed his “frustration” at being unable to answer some of the judge’s inquiries.
Additionally, the Supreme Court on Monday blocked a ruling from a federal judge that had barred the deportation of Venezuelans under a seldom-used law known as the Alien Enemies Act.
