In a significant ruling on Thursday, the Supreme Court mandated that the Trump administration must take steps to return Kilmar Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador. This decision came as the court rejected the administration's emergency appeal in this high-profile case.
Kilmar Abrego Garcia, a citizen of El Salvador, had an immigration court order that prohibited his deportation due to fears of persecution from local gangs. Despite this, he was deported last month, leading to his current detention in a notorious prison in El Salvador. U.S. District Judge Paula Xinis had previously ordered that Abrego Garcia be returned to the U.S. by midnight on the following Monday.
The Supreme Court's unsigned order emphasized the government's responsibility to facilitate Abrego Garcia's release and to handle his case as if he had not been unlawfully deported. The ruling did not include any noted dissents, highlighting a rare moment of unity among the justices amidst their recent decisions where the conservative majority had often sided with Trump’s administration.
Chief Justice John Roberts had previously extended Judge Xinis’ deadline, and the court instructed that her order be clarified to ensure it does not infringe upon the executive branch’s authority over foreign affairs, given that Abrego Garcia is currently held outside the United States.
The Trump administration has characterized Abrego Garcia as a member of the MS-13 gang, a claim that has been contested by his legal representatives. They argue that he has never been charged with or convicted of any crime, and there is no substantial evidence to support the administration's allegations regarding his gang affiliation. The administration has conceded to making a mistake in his deportation but contends that rectifying this error is no longer feasible.
Justice Sonia Sotomayor, joined by her colleagues, criticized the administration's approach, stating that they should have acted promptly to correct their "egregious error." She expressed concern that the administration's argument suggested the possibility of deporting any individual, including U.S. citizens, without legal repercussions if executed before judicial intervention.
Abrego Garcia’s wife, Jennifer Vasquez Sura, shared her emotional turmoil, describing the situation as an “emotional rollercoaster” for their family and community. She expressed her eagerness for her husband’s return and her commitment to fighting until he is safely home.
Simon Sandoval-Moshenburg, one of Abrego Garcia’s attorneys, stated that the ruling affirmed the importance of the rule of law and urged the government to expedite the process of bringing him back to the U.S.
Judge Xinis previously criticized the decision to deport Abrego Garcia, calling it “wholly lawless” and noting the lack of credible evidence regarding the allegations against him. The 29-year-old had been detained by immigration agents despite having a valid work permit from the Homeland Security Department and was actively pursuing a journeyman license as a sheet metal apprentice. His wife is a U.S. citizen, adding another layer of complexity to the case.
Tricia McLaughlin, assistant secretary for public affairs at the Department of Homeland Security, claimed that the justices’ order for clarification was a win for the administration, expressing optimism about advancing their position in the case. A representative from the Justice Department highlighted the court's recognition of the deference owed to the executive branch in matters of foreign affairs.
In 2019, an immigration judge had already prohibited the deportation of Abrego Garcia, citing the likelihood of persecution from gangs in El Salvador. This case has raised serious questions about the deportation process and the safeguards in place to protect individuals from wrongful removal.
This ruling not only impacts Abrego Garcia’s life but also reflects broader concerns regarding the treatment of immigrants and the accountability of the Trump administration in immigration matters.
