Supreme Court Orders to Facilitate the Return of Deported Salvadoran Man in Case of Government Error

Kilmar Abrego Garcia

The U.S. Supreme Court has directed the federal government to facilitate the return of Kilmar Abrego Garcia, a Salvadoran man deported in error despite a court order protecting him from removal. The directive came after the Justice Department challenged an April 4 ruling from U.S. District Judge Paula Xinis that ordered the Trump administration to "facilitate and effectuate" Abrego Garcia's return to the United States.

Abrego Garcia, who had been living in Maryland with a valid work permit since 2019, was arrested by U.S. Immigration and Customs Enforcement officers on March 12. He was questioned about alleged gang affiliation and subsequently deported to El Salvador on March 15 aboard one of three high-profile deportation flights that included individuals accused of gang membership. The deportation came despite a standing 2019 immigration court order that protected him from removal to El Salvador due to fears of gang-related persecution.

According to federal authorities, over 200 individuals were deported to El Salvador on March 15 as part of a deal between the United States and the Salvadoran government, in which the U.S. is providing $6 million to support detentions at El Salvador's anti-terrorism prison.

Abrego Garcia’s lawyers said he has no criminal record, is not affiliated with gangs, and lives in the U.S. with his American wife and their U.S. citizen child, along with his wife's two other children. They have denied the Justice Department’s claim that he is associated with the MS-13 gang.

In its ruling, the Supreme Court stated that the lower court order "properly requires the government to 'facilitate' Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent." However, the justices also instructed the district court to clarify the requirement to "effectuate" the return, emphasizing that it must respect the executive branch’s authority in foreign affairs.

Judge Xinis responded later that day, affirming the requirement for the United States to take "all available steps" to return Abrego Garcia as quickly as possible. She scheduled a hearing in Greenbelt, Maryland, to assess the government’s actions toward his return.

The Justice Department argued that the order to "effectuate" the return exceeded judicial authority and encroached on presidential powers regarding foreign relations. The Department further stated that although Abrego Garcia was deported to El Salvador in error, the removal itself was not a mistake.

Justice Sonia Sotomayor, writing on behalf of the court’s three liberal justices who agreed with the decision but criticized the administration’s actions, stated that the government had "cited no basis in law" for Abrego Garcia’s arrest, deportation, or imprisonment in El Salvador.

Sotomayor added that the administration had effectively asked the Supreme Court to allow it to leave "a husband and father without a criminal record" in a foreign prison with no legal justification.

Abrego Garcia’s attorney welcomed the decision, stating that the rule of law had prevailed and that the government must now follow through with returning his client to the United States.

The Supreme Court’s decision follows a series of recent rulings involving the Trump administration, including allowing deportations of alleged Venezuelan gang members under a centuries-old law, permitting budget cuts to teacher training programs, and blocking a lower court’s order to rehire thousands of terminated federal employees.