The Supreme Court directed the Trump administration Thursday to facilitate the return of an alleged MS-13 member who was deported in error.
While the initial deadline set by the lower court is no longer in effect, the Supreme Court said the administration should still work to bring Kilmar Armando Abrego Garcia back from El Salvador, though the justices directed the lower court to clarify its order.
“The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs,” the order states. “For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
Chief Justice John Roberts previously put on hold a district court order that would have required the administration to bring Abrego Garcia back by Monday at 11:59 pm.
The administration admitted in court filings that he was deported due to an administrative error but alleged he is a member of the MS-13 gang who would be dangerous to return.
Abrego Garcia was living in Maryland with his American wife and child, per court records.
BREAKING: The Supreme Court directed the administration to facilitate Kilmar Armando Abrego Garcia’s release, but the deadline is no longer in effect.
“The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct… https://t.co/1IRD23DfbB pic.twitter.com/OcSUnSGDIA
— Katelynn Richardson (@katesrichardson) April 10, 2025
Obama-appointed U.S. District Judge Paula Xinis ordered the Trump administration on April 4 to bring Abrego Garcia back. The district court’s order “requires clarification on remand,” the Supreme Court’s order states.
“The 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,” the order states. “The intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority.”
Justice Sonia Sotomayor, in a statement joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote that the government’s argument “implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene.”
“The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong,” she wrote.
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