The Supreme Court ruled on Thursday that the Trump administration must take steps to return Kilmar Armando Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador. Abrego Garcia, a Salvadoran national, had been living legally in the United States when he was deported in violation of a federal court order.
The administration had challenged the lower court’s ruling, arguing that the judge’s order interfered with the president’s authority over foreign policy. However, the high court issued an unsigned order with no dissenting votes, affirming that the lower court judge appropriately required the government to facilitate Abrego Garcia’s release from custody in El Salvador and to handle his case as if he had never been removed.
Earlier in the week, the Supreme Court had temporarily paused a midnight deadline set by U.S. District Judge Paula Xinis, which ordered the government to return Abrego Garcia to the U.S. While the deadline technically passed, the justices clarified that portion of the order was no longer effective, though they upheld the judge’s authority to continue managing the case.
The justices instructed the lower court to clarify its directive with proper consideration of the executive branch’s role in foreign affairs. Still, they made it clear the government must take responsibility for its mistake.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote that the proper remedy is to provide Abrego Garcia all the legal process he would have received had he not been unlawfully deported.
The Trump administration did not immediately respond to questions about the court’s decision.
Abrego Garcia was accused by immigration officials of being affiliated with the MS-13 gang, though he had never been convicted of any gang-related crimes. His legal team has strongly denied the allegations and argued there is no legal basis to deny his return, especially given the fact that the deportation was carried out in error.
According to court filings, Abrego Garcia was detained despite a judge’s prior order allowing him to remain in the U.S., citing the risk of harm he could face if returned to El Salvador. He was then misinformed by immigration agents that his legal status had changed, leading to his removal.
The Justice Department has since admitted that the deportation was the result of an administrative error.