The Supreme Court has issued a significant ruling requiring the Trump administration to assist in the return of Kilmar Armando Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador and is currently in custody there. This decision, announced on Thursday, marks a rare legal victory for those contesting the administration's deportation orders. However, the court has sent the case back to a district court judge for further clarification, emphasizing the respect that should be given to the Executive Branch in matters of foreign affairs.
Since taking office in January, President Trump has prioritized the removal of individuals deemed a threat to the safety of Americans. In Abrego Garcia's case, the administration acknowledged that his deportation was a mistake. A citizen of El Salvador, Abrego Garcia has resided in Maryland for nearly 15 years. Initially entering the U.S. without legal status, he was granted protection from deportation by a federal judge in 2019, due to concerns for his safety if he were to return to El Salvador.
The 2019 ruling stemmed from unverified allegations of Abrego Garcia's affiliation with the MS-13 gang, which the Trump administration has labeled a Foreign Terrorist Organization. However, an immigration judge determined that there was insufficient evidence to support these claims and concluded that Abrego Garcia's life would be at risk if he returned to El Salvador. Since that ruling, he has lived and worked legally in Maryland without any criminal record.
In March, while driving home from work in Baltimore with his five-year-old son, Abrego Garcia was pulled over by Immigration and Customs Enforcement (ICE) agents. They informed him that his legal status had changed and arrested him as his wife, an American citizen, rushed to the scene to prevent their child from being handed over to Child Protective Services. Shortly thereafter, Abrego Garcia was placed on a flight with other individuals whom the Trump administration alleged were members of the Venezuelan gang Tren de Aragua.
In a related case in Washington, D.C., the Supreme Court recently dismissed a judge's ruling that temporarily halted deportations under the Alien Enemies Act of 1798. While Abrego Garcia was not removed under this act, the court's decision raises questions regarding how individuals already deported from the U.S. can challenge their deportations from abroad. The administration has been evasive in response to inquiries about the number of individuals deported, the flights that have left the U.S., and the locations of specific deportees.
Currently, Abrego Garcia, along with other deportees, is being held in a notorious Salvadoran mega-prison. His wife has reported that she has not heard from him since his deportation. In exchange for detaining these deportees in what one judge has described as one of the most perilous prisons in the Western Hemisphere, the Salvadoran government is set to receive $6 million from the U.S. government.
Abrego Garcia's family is actively contesting his removal from the U.S., arguing that the deportation was unlawful given his protected status, which specifically prohibits his return to El Salvador without fulfilling certain legal requirements. Notably, a lawyer from the Justice Department conceded in court that Abrego Garcia's deportation was indeed a mistake, referring to it as an administrative error.
Last Friday, federal district court judge Paula Xinis ordered the administration to maintain the status quo by releasing Abrego Garcia from the Salvadoran prison and facilitating his return to the U.S. by no later than 11:59 PM the following Monday. When the administration sought a pause on this order from the Fourth Circuit Court of Appeals, a three-judge panel unanimously denied the request. Judge J. Harvie Wilkinson III, a Reagan appointee, criticized the government, stating, "There is no question that the government screwed up here," and emphasized the expectation that the government would take steps to rectify its errors.
In an appeal to the Supreme Court, the administration claimed that the attorney who admitted the error does not represent its position. Following that admission, the attorney was placed on leave. The administration continued to assert that Abrego Garcia is affiliated with MS-13, despite a previous immigration judge's ruling to the contrary in 2019. Furthermore, the government contended that since Abrego Garcia is currently outside the U.S., it cannot compel the Salvadoran government to take any action regarding his release from prison.
As the deadline approached, the Supreme Court granted a brief administrative stay to allow the justices time to deliberate on the matter. Thursday's ruling highlights the unpredictable nature of the Supreme Court’s decisions concerning the Trump administration’s immigration policies.
In conclusion, the future of Kilmar Armando Abrego Garcia remains uncertain as legal battles continue, reflecting broader issues surrounding immigration and deportation policies under the Trump administration.
