The Supreme Court decided Thursday that the Trump administration needs to “facilitate” the release of a Maryland man, whom the White House admitted it mistakenly deported to El Salvador while still alleging he’s in the MS-13 gang.
In an unsigned opinion, the Supreme Court denied the administration’s emergency appeal in part by requiring his release. However, the Court didn’t specify how the man should be returned to the U.S. Instead, it directed the district judge presiding over the case to “clarify” her order requiring his return.
U.S. District Judge Paula Xinis of Maryland ordered the federal government to “facilitate and effectuate the return of” the detainee by midnight on Monday. Chief Justice John Roberts paused her order, giving the Supreme Court time to consider the government’s request.
The justices agreed the lower court order should be clarified, “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” They also said the federal government should share what actions it has already taken regarding the matter and its next steps.
At the center of the case is Kilmar Abrego Garcia, a 29-year-old Salvadoran citizen who illegally entered the country as a teenager and who was arrested in Baltimore on March 12. He was deported to a maximum security prison used to house deportees in El Salvador.
While the administration claims Abrego Garcia is a member of the MS-13 gang, his attorneys say otherwise. Notably, he was never charged with or convicted of a crime.
The Justice Department later conceded it made an “administrative error” in removing him from the U.S. last month but argued it could not remediate the situation, suggesting his release was no longer an option. The administration opposed his release in the court battle with the district judge and filed an appeal hoping the Supreme Court would side with its appeal.
The Supreme Court’s three liberal members, led by Justice Sonia Sotomayor, said they would have dismissed the administration’s request in full.
“The Government now requests 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,” Sotomayor wrote in the opinion. “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.”
“The Government’s argument, moreover, 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.”
Earlier this week, the Supreme Court permitted the Trump administration to use the Alien Enemies Act of 1798 as a means to accelerate the deportation of alleged Venezuelan gang members. Shortly thereafter, two federal judges in New York and Texas temporarily prohibited the federal government from using the 18th-century wartime law to deport five Venezuelans as their litigation proceeds.
The Trump administration has moved to crack down on international gangs and cartels that invaded the U.S. under the Biden administration. MS-13 is one of eight such Latin American groups that were deemed foreign terrorist organizations by the State Department in February.