A Surprise Turn in Deportation Case: Supreme Court Intervenes
In a surprising legal development, the U.S. Supreme Court has ordered the Trump administration to bring Kilmar Armando Abrego Garcia back to the United States after he was mistakenly deported to El Salvador. The court’s decision aligns with an earlier ruling by a District Court judge demanding his return.
The Supreme Court’s brief, unsigned order highlighted the government’s responsibility to “facilitate” Abrego Garcia’s release from custody in El Salvador, ensuring his case proceeds as if he were never deported. This marks a significant, albeit rare, victory for those contesting deportation orders from the administration. However, the court has asked the District Court to clarify one aspect of its decision, emphasizing the deference owed to the Executive Branch in foreign affairs.
The White House has yet to respond to this latest development.
An ‘Administrative Error’
Since President Trump assumed office, deporting individuals deemed a threat to U.S. safety has been a priority. Yet, in this instance, the administration acknowledged Abrego Garcia’s deportation as a mistake. Abrego Garcia, a resident of Maryland for nearly 15 years, was granted protection in 2019 against deportation due to safety concerns if returned to El Salvador.
The 2019 case arose from unverified allegations linking him to the MS-13 gang. However, an immigration judge found these allegations unsupported and ruled that returning him to El Salvador would jeopardize his life. Despite residing and working legally in Maryland without a criminal record, Abrego Garcia was detained in March by ICE agents, who claimed his legal status had changed.
Subsequently, he was deported alongside others alleged to be gang members. Abrego Garcia is currently detained in a Salvadoran mega-prison, a situation exacerbated by the U.S. government providing $6 million to El Salvador for this detention. His family continues to challenge his removal, arguing it violated his protected status, which should have prevented his deportation without proper procedures.
The Government’s Position
Federal Judge Paula Xinis recently ordered the government to return Abrego Garcia to the U.S. The Fourth Circuit Court of Appeals rejected the administration’s plea to pause this order. Judge J. Harvie Wilkinson III criticized the government, stating, “There is no question that the government screwed up here,” and emphasized the need for rectification.
While the administration acknowledged the deportation error, it contended that the lawyer admitting the mistake does not represent its position. The administration maintains that Abrego Garcia is affiliated with MS-13, despite a 2019 ruling to the contrary. Additionally, the administration argues it cannot compel El Salvador to act regarding Garcia’s detention.
The Supreme Court’s recent involvement adds an unpredictable element to the proceedings against the Trump administration’s deportation policies. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson criticized the government’s stance, writing, “The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene.”
This article was originally written by www.npr.org
