The U.S. Supreme Court upheld on Thursday a judge's order requiring President Donald Trump's administration to facilitate the return to the United States of a Salvadoran man who the government has acknowledged was deported in error to El Salvador.
The Justice Department had asked the court to throw out an April 4 order by U.S. District Judge Paula Xinis requiring the administration to "facilitate and effectuate" the return of Kilmar Abrego Garcia. The judge had issued the order in response to a lawsuit filed by Abrego Garcia, a Salvadoran migrant who was living in Maryland and has had a work permit since 2019, and his family challenging the legality of his deportation.
The court, in an unsigned decision, said that the judge's 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 to El Salvador."
However, the court said that the additional requirement to "effectuate" his return was unclear and may exceed the judge's authority. The justices directed Xinis to clarify the directive "with due regard for the deference owed to the executive branch in the conduct of foreign affairs."
The administration, meanwhile, "should be prepared to share what it can concerning the steps it has taken and the prospect of further steps," the court directed.
Abrego Garcia was stopped and detained by U.S. Immigration and Customs Enforcement officers on March 12 and questioned about alleged gang affiliation. He was deported on March 15 on one of three high-profile deportation flights to El Salvador that also included alleged Venezuelan gang members.
Justice Department lawyers in a Supreme Court brief had argued that the judge's order, by requiring the Trump administration to "effectuate" Abrego Garcia's return, had impermissibly encroached on presidential authority on foreign relations in violation of the U.S. Constitution's separation of powers between its judicial and executive branches.
"The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge's bidding," Justice Department lawyers wrote.
The Trump administration deported on March 15 more than 200 people to El Salvador, where they are being detained in the country's massive anti-terrorism prison under a deal in which the United States is paying President Nayib Bukele's government $6 million.
The Supreme Court has a 6-3 conservative majority. Its three liberal justices on Thursday issued a statement agreeing with the court's decision, but said they would have denied the administration's request outright.
"To this day, the government has cited no basis in law for Abrego Garcia's warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison. Nor could it," liberal Justice Sonia Sotomayor wrote in the statement.
Sotomayor added that the administration had requested "an order from this court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law."
Abrego Garcia is married to an American citizen with whom he is raising a U.S. citizen child in addition to his wife's two children from a prior relationship. He had never been charged with or convicted of any crime, according to Abrego Garcia's lawyers, who have denied the Justice Department's allegation that he is a member of the criminal gang MS-13.
The Justice Department in a Supreme Court filing on April 7 stated that while Abrego Garcia was deported to El Salvador through "administrative error," his actual removal from the United States "was not error." The error, department lawyers wrote, was in removing him specifically to El Salvador despite the deportation protection order.
Abrego Garcia received a 2019 judgment in the United States granting him protection from removal to El Salvador after an immigration judge determined he would face persecution from gangs in his home country if returned.
Justice Department lawyers said that Abrego Garcia, as an alleged member of MS-13, is no longer eligible for that protection after Trump's administration designated MS-13 a foreign terrorist organization.
Xinis, in her ruling, found that the 2019 order prohibiting Abrego Garcia's removal to El Salvador was still in place. She found that his removal ran afoul of federal immigration law and likely violated procedural protections guaranteed by the U.S. Constitution.
Abrego Garcia's detention "appears wholly lawless," Xinis stated in her written decision, adding that "there were no legal grounds whatsoever for his arrest, detention or removal."
The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on April 7 rejected the administration's request to freeze the judge's order.
The Supreme Court on Tuesday blocked a judge's order for Trump's administration to rehire thousands of fired employees. On Monday, it let Trump pursue deportations of alleged Venezuelan gang members using a 1798 law that historically has been employed only in wartime, but with certain limits. The court on April 4 let Trump's administration proceed with millions of dollars of cuts to teacher training grants - part of his crackdown on diversity, equity and inclusion initiatives.
© Thomson Reuters 2025.
29 Comments
Underworld
It's not unclear, it doesn't exceed the judge's authority, you're splitting hairs, and on the thin ice of contempt.
HopeSpringsEternal
Let's see what happens with further vetting and discovery, but DJT mentioned this individual has ties to not the terrorist designated gang TDA but rather MS-13
Certainly, vast majority of Americans want all illegal aliens with ties to such gangs deported ASAP or incarcerated
TokyoLiving
Justice for that Salvadoran man..
Underworld
HopeSpringsEternal
He has no ties to any gangs.
He isn't associated with any gangs.
Blacklabel
it does exceed. That’s why they mentioned it.
ok1517
Lawlessness under Donald making progress, too!
Bending the law, above the law - next will be no law for him and his followers!
u_s__reamer
"The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge's bidding," Justice Department lawyers wrote.
No es problema! One simple phone call from the "Capo di tutti capi" in the Oval Office, asking for a favor or making an offer the Central American tin-pot dictator can't refuse would fix it, pronto. Who are these DOJ lackeys trying to fool?
plasticmonkey
Sadly, I believe this administration will refuse to act, even though they know they were in error and know that a phone call to Bukele would get him out right now. Steven Miller (the obvious architect of this ghoulish program) has not an ounce of empathy for any immigrant (at least if they are non-white) and doesn't believe in human rights or due process for his enemies. He believes in absolute autocracy and the use of fear to control.
Absolutely shameful.
HopeSpringsEternal
Due process will play out, based on evidentiary findings.
If DJT mentioned his association with MS-13 on the record to the media, pretty safe bet DJT has a more informed view than any JT poster.
Underworld
Blacklabel
However, the court said that the additional requirement to "effectuate" his return was unclear and may exceed the judge's authority.
No. It doesn't.
Underworld
HopeSpringsEternal
Due process will play out, based on evidentiary findings.
Or he's just lying like usual.
In this case he was lying.
Kilmar Abrego Garcia has no ties to any gangs.
plasticmonkey
DJT is straight up lying. Even his administration admitted they made a mistake.
Again, I believe you're smarter than that. You just love the fascism part of this all.
Underworld
Blacklabel
No. It doesn't.
Clutching at straws. Delay tactics. As usual.
plasticmonkey
"Autocracies are not reform projects, they're destruction and revenge projects. And people should not believe that that won't affect them at some point."
--Noah Bullock, Executive Director of Cristosal
Why is the United States teaming up with a guy who calls himself the "world's coolest dictator"? Why is the United States outsourcing its due process to a country where due process does not exist?
Is that the America you want?
bass4funk
Bingo!
chatanista
If it was an govt error then it should be fixed.
HopeSpringsEternal
Facts will play out in a proper legal setting, if it's established that this illegal alien has had associations with any gang, including MS-13, he'll be deported based on not how he looks, but rather his actual history.
There's nothing to really discuss regarding this matter, but it is very noteworthy that DJT commented to the press about his MS-13 affiliations.
If Democrats want to defend this individual, good luck, as most Americans correctly want high risk illegal aliens deported ASAP. Too many innocent victims daily due to Biden Open Borders.
Blacklabel
End of the day, he still entered illegally.
Seems all this is just to get him out of that prison so he can be deported the regular way.
HopeSpringsEternal
Amazing isn't it how many Democrats forgot about regular US working and middle-class families and would rather spend their 'political capital' on illegal aliens.
To double-down on this individual, who appears likely to be deported due to prior gang associations is just more proof the American people choose VERY wisely in Nov.
Underworld
HopeSpringsEternal
Nope. Had no gang associations.
Underworld
Blacklabel
No. He didn’t.
He won’t be deported.
HopeSpringsEternal
DJT made a clear statement to the media about this individual and his associations with MS-13.
However, courts will decide ultimately this illegal alien's fate. Certainly, nobody on JT has any basis to make any statements on this illegal alien's actual historical status.
Let's wait and see, but again, Democrats showing pure desperation, prioritizing this individual and not actual US citizens so damaged by open borders and Biden inflation it caused, especially housing costs.
Cephus
US is a national of Justice, and the highest Court has spoken. That's the beauty of America laws are still respected regardless of whom the case concerns.
Some dude
In pragmatic terms, what happens if the "administration" refuses to do this? Can the Supreme Court order people who don't comply to be arrested or forced to carry out the order?
Given that Trump clearly thinks that he's beyond any and all laws, but also given that the Supreme Court is the highest court in the country, couldn't this just end up in a protracted back-and-forth?
Express sister
Why is it good for law enforcement to do things in an irregular way?
Underworld
Blacklabel
No. They can't.
HopeSpringsEternal
Not much empathy within TDA or MS-13 'communities' it's said, so it's perfectly understandable why vast majority of Americans want very high-risk, and often deadly illegal aliens deported ASAP, why DJT elected etc.
Underworld
HopeSpringsEternal
Which has nothing to do with this case. He has no gang affiliations.
HopeSpringsEternal
Vetting process will continue, DJT publicaly stated this individual has MS-13 affiliations. Let's see how the courts adjudicate this matter based on actual facts.
Everyone remembers mothers of victims killed by illegal alien gang members at DJT's in attendance at recent Joint Session of Congress and how ZERO Democrats even stood to acknowledge their unimaginable losses.
DJT = Common Sense Policies to Protect US Citizens