Washington — The Supreme Court declared on Thursday that the Trump administration is required to aid in the release of a Maryland man mistakenly deported from custody in El Salvador, while also mandating further proceedings in a federal district court.
In an unsigned ruling, the high court recognized that a late Monday deadline imposed by the district court judge to ensure Kilmar Abrego Garcia, a native of El Salvador, was returned to the U.S. had already elapsed, partially granting the emergency relief requested by the Trump administration.
However, the court indicated that the district court’s order “properly requires the government to ‘facilitate'” Abrego Garcia’s release from Salvadoran custody and to “ensure that his case is managed as it would have been had he not been wrongfully deported to El Salvador.”
The Supreme Court further noted that the intended meaning of “effectuate” in the lower court’s ruling is ambiguous and may exceed its jurisdiction. The court instructed the district court to provide additional clarification as the case is returned for further consideration.
“The district court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs,” the court stated in an unsigned opinion. “For its part, the Government should be prepared to share what it can concerning the steps it has taken and the likelihood of further actions.”
The three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, expressed their respect for the court’s handling of the application. Sotomayor, in a statement co-signed by Kagan and Jackson, affirmed that the justices share the belief “that the appropriate remedy is to afford Abrego Garcia all the due process to which he would have been entitled had he not been unlawfully removed to El Salvador.”
The Trump administration sought the Supreme Court’s intervention after a federal district judge ordered it on Friday to take immediate measures to return Abrego Garcia to the U.S. The 29-year-old Salvadoran national was apprehended by immigration officials on March 15 and was among over 200 individuals sent on deportation flights to El Salvador last month, where they are currently held at the infamous Salvadoran supermax prison known as CECOT.
Abrego Garcia’s situation ignited controversy after a federal immigration official admitted in a court filing last week that his removal to El Salvador was due to an “administrative error” and an “oversight.”
Abrego Garcia entered the U.S. unlawfully in 2011 at the age of 16 and was arrested in 2019, as per court documents. During immigration proceedings, the Department of Homeland Security asserted that he was affiliated with the gang MS-13, referencing a Chicago Bulls hat and hoodie he wore and claims from a confidential informant who alleged he was part of an MS-13 subset operating in Long Island, New York, according to court records.
His attorneys contend that he has never lived on Long Island and has no ties to MS-13. They also state that he has no criminal record and has never faced any charges or convictions in the U.S. or El Salvador.
An immigration judge ordered Abrego Garcia detained after denying a bond release request, a decision that was upheld by an immigration appeals board. Eventually, he was granted withholding of removal to El Salvador, a legal status that bars the government from returning him to his home country due to the high likelihood of facing persecution from local gangs, as outlined in court records.
Following this decision, Abrego Garcia was released and had lived in Maryland with his wife and children for six years. He regularly checked in with immigration authorities, according to court documents, but was arrested on March 12 after immigration agents stopped him while he was driving with his son in the back seat. He was subsequently taken into custody and moved to Immigration and Customs Enforcement facilities in Baltimore, Louisiana, and Texas before being flown to El Salvador, as indicated in legal filings.
After his deportation to the Salvadoran prison last month, Abrego Garcia and his wife, a U.S. citizen, filed a lawsuit in a federal district court in Maryland, claiming his removal violated federal immigration laws and seeking an order for his return to U.S. custody.
U.S. District Judge Paula Xinis approved that request during a hearing on Friday, ordering the government to repatriate Abrego Garcia by no later than 11:59 p.m. on Monday. The Justice Department then moved to the U.S. Court of Appeals for the 4th Circuit to suspend that order, and while that request was pending, sought Supreme Court intervention. The 4th Circuit subsequently declined to stay the district court’s ruling.
In a brief submitted to the Supreme Court, Solicitor General D. John Sauer claimed that the lower court order “sets the United States up for failure” by complicating President Trump’s foreign diplomatic efforts and imposing an unrealistic timeline for compliance. He contended that the U.S. cannot compel the release of Abrego Garcia because he is now under Salvadoran custody.
“The United States does not control the sovereign nation of El Salvador, nor can it require El Salvador to follow a federal judge’s orders,” the solicitor general wrote.
However, Abrego Garcia’s attorneys characterized his situation as “one of a kind,” and claimed in court documents that mandating the government to facilitate their client’s return is “not unprecedented,” as the district court’s order merely asks the Trump administration to amend its own mistake.
“The executive branch cannot remove individuals from U.S. soil, place them in foreign prisons in contravention of court directives, and then invoke separation of powers to shield its unlawful actions from judicial examination,” they argued.
Abrego Garcia’s legal team described the government’s error in his removal as “Kafka-esque,” emphasizing that he has resided in the U.S. for several years without incident.
“The government presents no proof that he has become a threat overnight,” they asserted.
Migrants deported from the U.S. are currently being housed in CECOT as a result of a temporary agreement made by the Trump administration with Salvadoran President Nayib Bukele, where the U.S. government is paying $6 million to El Salvador for housing U.S. detainees for a year.
Referring to this arrangement, Abrego Garcia’s lawyers argued that the U.S. government “effectively controls Abrego Garcia’s detainment—it has simply contracted with El Salvador to act as his jailer.”
Lower courts also concluded that the government retains control over Abrego Garcia, as he is being temporarily housed in CECOT at the direction of the Trump administration.
“The government’s assertion that it can remove an individual from the United States under such an agreement and subsequently forfeit its authority to reclaim that individual for processing (or any other purpose) is untenable,” Judge Stephanie Thacker of the 4th Circuit wrote in an opinion. She stated that “the government’s actions in this case undoubtedly violated the Fifth Amendment to the Constitution.”
Thacker, joined by Judge Robert King, asserted that “the government cannot evade its responsibility for returning Abrego Garcia to the United States by claiming it now lacks the authority to govern El Salvador.”
While the Trump administration admitted to accidentally sending Abrego Garcia to El Salvador, it argued that federal courts lack the jurisdiction to demand his return since he is no longer under U.S. custody. Officials from the administration have also asserted that he is a leader within MS-13, though they have failed to provide evidence supporting these claims.
During a court hearing last week before Xinis, Justice Department attorney Erez Reuveni struggled to respond to the judge’s inquiries, remarking that he had not received sufficient information from the administration.
“The facts are accepted, plaintiff Abrego Garcia should not have been removed,” Reuveni stated.
When pressed on why the government could not facilitate Abrego Garcia’s return, Reuveni admitted he had “asked the government the same question” and lacked a response. The Justice Department lawyer expressed frustration multiple times over the government’s inadequate collaboration in the case.
Following Friday’s proceedings, Reuveni was placed on administrative leave, and Sauer noted in a filing that his remarks were “inappropriate” and “do not represent the position of the United States.”
In a statement to CBS News regarding Reuveni’s employment status, Attorney General Pam Bondi stated, “At my direction, every Department of Justice attorney is required to zealously advocate for the United States. Any attorney who fails to comply with this expectation will face consequences.”
