The U.S. Supreme Court unanimously directed the Trump administration to take immediate steps to facilitate the return of Kilmar Armando Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador last month due to what the government has acknowledged as an “administrative error.”
The ruling largely upheld a prior order by U.S. District Judge Paula Xinis, who had mandated the government to rectify its actions and bring Abrego Garcia back to the United States.
The Supreme Court’s unsigned opinion, issued without dissent, emphasized that the government must “facilitate” Abrego Garcia’s release from custody in El Salvador and ensure his case is handled as though he had never been unlawfully deported. However, the justices sent the case back to the lower court for clarification on what it means for the government to “effectuate” his return, citing limits on judicial authority in foreign affairs.
Abrego Garcia, 29, fled gang violence in El Salvador as a teenager and has lived in Maryland since 2011. He was granted withholding of removal in 2019, a legal status that protects individuals from deportation if they are likely to face persecution in their home country. Despite this protection, Immigration and Customs Enforcement (ICE) arrested him on March 12 while he was driving with his young son. Days later, he was deported and placed in El Salvador’s notorious CECOT mega-prison—a facility infamous for its harsh conditions and association with gang members.
The Trump administration has claimed Abrego Garcia is affiliated with MS-13 based on unsubstantiated allegations tied to his attire and an informant’s vague report. However, his lawyers have refuted these claims, stating that he has no criminal record or gang ties.
Judge Xinis initially ordered Abrego Garcia’s return by April 7, asserting that his deportation violated federal immigration law and due process protections.
Following the Supreme Court decision, Judge Xinis demanded detailed updates from the Department of Homeland Security (DHS) regarding Abrego Garcia’s location and steps taken toward his repatriation. The Justice Department has pushed back against deadlines set by Xinis, citing logistical challenges, but critics argue that these delays exacerbate harm to Abrego Garcia and undermine judicial authority.
During a hearing on Friday, Judge Paula Xinis described the situation as “extremely troubling.”
Justice Department attorney Drew Ensign admitted that he could not provide any details regarding Garcia’s location or custodial status.
This lack of information prompted Judge Xinis to demand daily updates starting this weekend. She criticized the administration for failing to take meaningful action since her initial ruling, stating, “I’m not sure what to take from the fact that the Supreme Court has spoken quite clearly and yet I can’t get an answer today about what you’ve done.”
The administration argued in court filings that meeting judicial deadlines was “unreasonable and impracticable” due to the sensitive nature of international relations. However, Xinis rejected this reasoning, emphasizing that Garcia’s life and safety are at risk.
