The Supreme Court ordered the Trump administration to return a man it mistakenly deported to a Salvadoran megaprison after the administration insisted to the high court that it had no ability to correct its error.
The Supreme Court wrote in a brief decision that a lower court judge in Maryland was correct to order administration officials to “facilitate” Kilmar Abrego Garcia’s return but added that the judge must clarify another part of her order that directed the administration to also “effectuate” the return.
“The order properly requires 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 had he not been improperly sent to El Salvador. The intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” the decision read.
The Supreme Court’s ruling had no indication of any dissents. It instructed Judge Paula Xinis, who issued the initial decision, to have “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs” as she now works with the Trump administration to come up with a realistic plan to retrieve Abrego Garcia from the prison.
The ruling comes after the White House alleged that Abrego Garcia, a Salvadoran national who entered the country illegally around 2012, was also a member of the MS-13 gang.
Abrego Garcia, a husband to a U.S. citizen and father of three, had been living in Maryland working in construction with no criminal history when he was apprehended in 2019, according to court papers. At the time, an immigration judge found that the Department of Homeland Security’s allegation that Abrego Garcia was a gang member, which DHS said it learned from an informant, was reliable enough that he should remain in custody.
A second immigration judge found later that year that Abrego Garcia made a credible case that he would be persecuted by gang members if he were deported to El Salvador, and the judge released him and barred the government from deporting him to that country.
The Department of Justice has been fighting numerous lawsuits in court related to President Donald Trump’s aggressive deportation efforts. The lawsuits have alleged that authorities mistakenly deported several migrants to the notorious Salvadoran prison, known as CECOT.
The Supreme Court recently ruled 5-4 that Trump could continue his most controversial deportation operation, which involved bypassing all other immigration laws to quickly deport alleged Tren de Aragua members to CECOT under the Alien Enemies Act. But the justices significantly complicated matters for Trump by also unanimously ruling that the president must allow migrants to receive “reasonable” notice about the deportations and an opportunity to challenge their removals in court — something the administration did not previously provide.
Abrego Garcia’s situation marked the first instance of the Supreme Court weighing in on a case regarding a mistaken deportation and could offer a roadmap for lower courts encountering similar cases.
DOJ attorneys had argued in court filings that flying Abrego Garcia alongside about 250 other alleged gang members to the prison on March 15 was an irreversible “administrative error.” When the district court rejected that argument, White House press secretary Karoline Leavitt said the courts had no authority over the matter.
“We suggest the Judge contact President Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador,” Leavitt said.
JUDGE ORDERS TRUMP TO RETURN MISTAKENLY DEPORTED MARYLAND MAN
The Supreme Court justices noted in their ruling that the Trump administration “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps” as it works to arrange Abrego Garcia’s return.
The Washington Examiner reached out to the White House for comment.
