The U.S. Supreme Court ruled Thursday that the Trump administration must take steps to facilitate the return of Kilmar Abrego Garcia, a Maryland resident who was unlawfully deported to El Salvador — but the court stopped short of enforcing a strict deadline for his repatriation.
In a unanimous decision, the justices upheld a portion of U.S. District Judge Paula Xinis’ earlier ruling, which instructed the government to aid in Abrego Garcia’s release from custody in El Salvador. However, the justices sent the case back to Judge Xinis for clarification on the extent of the U.S. government’s responsibility in bringing him back from El Salvador’s maximum-security CECOT prison.
The high court acknowledged that the administration’s emergency request to delay a lower court’s April 7 deadline for Abrego Garcia’s return is now moot, since the deadline has passed. However, the court made clear that efforts must still be made to correct the wrongful deportation.
Abrego Garcia has been detained in the highly scrutinized Center for Terrorism Confinement (CECOT) — a prison known for housing gang members — despite a U.S. court order blocking his removal. The Supreme Court’s opinion emphasized that his deportation violated a “withholding order” that legally prohibited his removal to El Salvador.
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“The district court correctly required the government to facilitate his release and ensure his immigration case proceeds as if he had never been deported,” the court wrote. But the opinion also noted that the term “effectuate” in the district court’s order lacked clarity and may overstep judicial authority in matters of foreign policy.
The Trump administration pushed back in legal filings, arguing that while they admit the deportation was a mistake, the U.S. government cannot control the actions of another sovereign nation. Solicitor General John Sauer cautioned the court that federal judges should not interfere in foreign diplomatic matters or expect guaranteed outcomes from sensitive negotiations with El Salvador.
“The United States cannot dictate the internal affairs of another country,” Sauer stated. “Acknowledging an error does not authorize the judiciary to take control of foreign relations or demand the U.S. act as a subordinate to judicial orders abroad.”
According to administration officials, Abrego Garcia is believed to be a high-ranking member of the MS-13 gang, based on intelligence from what they described as a “proven and reliable source.” They also noted he entered the United States unlawfully in 2011.
However, his attorneys and family dispute those claims, maintaining that he is not affiliated with any gang. Instead, they say he fled to the U.S. after receiving threats from gang members in El Salvador, who allegedly targeted him and his family for extortion as far back as 2006.
Justice Sonia Sotomayor, in a concurring opinion, criticized the administration’s resistance and urged a quicker resolution. She rebuked the idea that the federal government could act unlawfully and avoid consequences by moving faster than the courts.
“To suggest that someone could be deported and imprisoned abroad without judicial remedy, even if that person were a U.S. citizen, is a deeply troubling argument,” Sotomayor wrote. “The government’s mistake here is undeniable — and it must act swiftly to remedy it.”
