The Supreme Court has mandated that the Trump administration act swiftly to return a Maryland man who was mistakenly deported to El Salvador back to the United States. In a 9-0 ruling, the justices sustained a lower court’s directive to retrieve Kilmar Abrego Garcia, adding that a judge in the case may have exceeded her authority.
Abrego Garcia, 29, was deported last month despite a prior protective order explicitly prohibiting his removal. The Trump administration claimed he was affiliated with the notorious MS-13 gang, but the government has so far failed to provide any evidence supporting these allegations.
Federal immigration agents initially detained Abrego Garcia on March 12 after pulling him over in the parking lot of an Ikea store near his residence in Beltsville, Maryland, about thirty minutes from Washington, D.C.
Just three days after his arrest, Abrego Garcia found himself forcibly deported and detained in El Salvador’s infamous Terrorism Confinement Center (CECOT). This facility has drawn international criticism due to severe overcrowding, dangerous living conditions, and harsh treatment of detainees. Human rights groups have repeatedly condemned CECOT as an environment that places prisoners’ safety and well-being at extreme risk.
In her initial response to these events, Judge Paula Xinis, who is handling the case in the Federal District Court in Maryland, ruled unequivocally on April 4 that the U.S. government’s actions violated the law, explicitly instructing the Trump administration to “facilitate and effectuate” Abrego Garcia’s return.
Government attorneys quickly filed an emergency appeal to the Supreme Court, stating that Judge Xinis did not have the jurisdiction to mandate the return of Abrego Garcia by Monday night, asserting that U.S. officials could not force El Salvador to comply with such a request.
“The Constitution charges the president, not federal district courts, with the conduct of foreign diplomacy and protecting the nation against foreign terrorists, including by effectuating their removal.”
However, on Thursday, the Supreme Court unanimously ruled that the U.S. must take actionable steps toward his return. Following the top court’s decision on Thursday evening, Simon Sandoval-Moshenberg, the attorney representing Mr. Garcia, remarked that “the rule of law prevailed.”
“The Supreme Court upheld the district judge’s order that the government has to bring Kilmar home. Now they need to stop wasting time and get moving.”
As part of its ruling, the Supreme instructed the administration to be ready to “share what it can concerning the steps it has taken” to bring Abrego Garcia back and “the prospect of further steps” it plans to undertake.
The Supreme Court further asked Judge Xinis to clarify the meaning and scope of her previous directive and what she meant by “effectuate.” The court suggested she had exceeded the district court’s authority in telling the Trump administration how to deal with foreign affairs, and her decision needed to be made “with due regard for the deference owed to the executive branch in the conduct of foreign affairs.”
Steve Vladeck, CNN Supreme Court analyst and professor at Georgetown University Law Center, stated that while the ruling explicitly says that the district court has the authority to direct the Trump administration to assist in Abrego Garcia’s return to the United States, it does not clarify the specific methods it should employ to achieve this.
“It is maddeningly vague about exactly how it’s supposed to do so. For instance, if the judge asks the government about the specific arrangements it’s made with the Salvadoran government and the government invokes the state secrets privilege, what happens then? It is, yet again, punting in a context in which the government can take advantage of the punt—a loss for Trump on the big question, but a loss for Abrego García on what matters most.”
Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, shared a sentiment similar to Vladeck’s.
“It’s a decision that doesn’t protect Mr. Abrego Garcia to the fullest extent that the law should. The Supreme Court’s opinion today gives the administration cover to ‘try’ to bring him home but does not require the federal government—the executive branch—to bring Mr. Abrego Garcia home.”
A spokesperson for the Department of Justice characterized the decision as a victory for the Trump Administration.
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the president to conduct foreign affairs. By directly noting the deference owed to the executive branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy.”
Addressing the Supreme Court’s concerns on Thursday night, Judge Xinis reaffirmed that the administration must undertake all available measures to ensure Abrego Garcia’s safe and prompt return to the United States.
She further mandated that the Justice Department provide detailed updates regarding Abrego Garcia’s exact location, his custodial status in El Salvador, and a clear outline of what specific actions have already been implemented and which additional steps are forthcoming, including possible timelines by 9:30 a.m. on Friday. She also scheduled a hearing to determine the next steps for Friday at 1 p.m.
Court documents reveal that the Trump administration has already admitted the deportation of Abrego Garcia was an “administrative error.” Yet despite acknowledging the mistake, the Justice Department insists it lacks the authority to retrieve him from a foreign nation.
Government attorneys, requesting additional time on Friday to respond fully to Judge Xinis’s latest demands, argued that logistical and diplomatic complexities prevented immediate compliance and asked to push the written filing to Tuesday and the hearing to Wednesday. Judge Xinis forcefully denied their request, describing the administration’s actions as “wholly illegal from the moment it happened.”
Attorneys representing Abrego Garcia sharply criticized the government’s continued resistance and slow pace, stating in court filings, “The Government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk.”
They labeled the administration’s request for more time as “another stunning display of arrogance and cruelty,” emphasizing that the urgency of Abrego Garcia’s circumstances demands immediate intervention and correction by the government responsible for his wrongful deportation.
As the hearing approaches, the stakes remain incredibly high. Advocates are closely watching to ensure the government follows through on Judge Xinis’s orders and fulfills its legal and moral obligation to return Kilmar Abrego Garcia safely home.
Moumita Basuroychowdhury is a Contributing Reporter at The National Digest. After earning an economics degree at Cornell University, she moved to NYC to pursue her MFA in creative writing. She enjoys reporting on science, business and culture news. You can reach her at moumita.b@thenationaldigest.com.
