The Supreme Court has rejected the Trump administration’s emergency appeal and ordered the return of Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador. Abrego Garcia, a Salvadoran citizen, had an immigration court order preventing his deportation due to fears of persecution from local gangs. Despite being held in a notorious Salvadoran prison, the court directed his return to the United States by midnight Monday.
Chief Justice John Roberts temporarily paused the order to allow the court to consider the issue, but the deadline has now passed. The court instructed the judge to clarify the order taking into account its impact on foreign relations with El Salvador. The administration claimed Abrego Garcia was a member of the MS-13 gang, although he was never charged or convicted.
The court’s liberal justices criticized the administration for its handling of the situation, stating that the government’s argument implied the ability to deport and incarcerate individuals without legal consequences. Abrego Garcia, a sheet metal apprentice with a permit to work legally in the U.S., was wrongly sent to El Salvador, where he had previously faced persecution from gangs.
In 2019, an immigration judge had barred his deportation, citing potential persecution in his native country. The Justice Department conceded that Abrego Garcia should not have been deported and subsequently removed the lawyer involved in the case. Abrego Garcia’s wife, a U.S. citizen, has been advocating for his return to the United States.
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