Poli Alert Politics & Civics
Related Articles
The U.S. Supreme Court ruled Thursday that the Trump administration must “facilitate” the return of Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador despite legal protections preventing his removal. The decision comes after a series of legal missteps and amid mounting criticism of the administration’s aggressive immigration agenda.
“The rule of law won today. Time to bring him home,” said Andrew Rossman, one of Abrego Garcia’s attorneys.
Though the court did not mandate that the government effectuate his return, it stressed the administration must show what actions it is taking to bring Abrego Garcia back — a significant development in a case that underscores growing tensions between the judiciary and executive over immigration and foreign policy powers.
Background of the Case
Abrego Garcia, a longtime Maryland resident and father of three children with special needs, was deported on March 15 to a prison in El Salvador. Immigration officials claimed he was a member of MS-13, but later conceded his deportation was an “administrative error.”
A 2019 immigration judge had already blocked his removal to El Salvador, citing a “clear probability of future persecution.” Despite this ruling, Abrego Garcia was mistakenly swept up in the Trump administration’s new initiative targeting alleged Venezuelan gang members for deportation — many under the obscure Alien Enemies Act, a centuries-old wartime statute.
Abrego Garcia had lived and worked legally in Maryland as a sheet metal worker and complied with immigration check-ins, his lawyers said. He fled gang violence in El Salvador and had no criminal record in the U.S. or abroad.
Legal and Political Fallout
Last week, U.S. District Judge Paula Xinis ordered the government to “facilitate and effectuate” his return by Monday night. But the administration missed the deadline, prompting a legal scramble to the Supreme Court.
In its unsigned Thursday ruling, the high court partly sided with the Justice Department, noting that the district court may have overstepped in demanding the government effectuate the return. However, the justices were clear: the administration must now show what it’s doing to facilitate Abrego Garcia’s return.
Justice Sonia Sotomayor, joined by the court’s other two liberal justices, wrote separately, emphasizing that Abrego Garcia is entitled to “all the process to which he would have been entitled had he not been unlawfully removed.” She criticized Chief Justice John Roberts for issuing a temporary stay earlier this week that allowed the deadline to lapse.
The Justice Department argued the court order was an overreach, saying foreign diplomacy and deportation decisions fall under the president’s exclusive domain. “Activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy,” a DOJ spokesperson said.
One Justice Department attorney in the case has been placed on administrative leave after telling Judge Xinis he was “frustrated” by his inability to answer her questions during proceedings.
A Broader Immigration Battle
This case highlights the chaotic and often controversial enforcement of President Trump’s immigration policies — especially when it comes to using executive power to deport alleged criminals without due process.
The Supreme Court also weighed in earlier this week on a related case, blocking a federal judge’s order that had halted deportations of Venezuelan immigrants accused of gang ties. The justices ruled those individuals should be given the opportunity to challenge the government’s actions.
For Abrego Garcia and others caught in the middle of political and legal power struggles, Thursday’s ruling may offer hope — but no guarantee — of being reunited with family.
As of now, it remains unclear when, or if, the U.S. government will retrieve him from the Salvadoran prison where he remains.
