In a remarkable legal twist, the U.S. Supreme Court has ordered the federal government to bring back Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported despite holding legal status in the United States.
Abrego Garcia had been living in Maryland with a valid work permit since 2019 and was raising a family with his American citizen wife. However, on March 15, he was wrongfully deported to El Salvador—despite having court protection against being sent there. The U.S. government later admitted the deportation was due to an “administrative error.”
This case gained national attention after U.S. District Judge Paula Xinis issued an order on April 4 mandating the government to “facilitate and effectuate” Abrego Garcia’s return. The Justice Department challenged the order, requesting that the Supreme Court block it. However, in a sharp response, the Court sided with Xinis, affirming that the government must take all necessary actions to reverse the error.
In its unsigned decision, the Supreme Court clarified that the judge’s order rightfully demands that the U.S. government help secure Abrego Garcia’s release from custody in El Salvador and ensure his immigration case is treated as if he was never deported.
Judge Xinis has scheduled a hearing for Friday in Greenbelt, Maryland, to assess the steps the government has taken to comply. Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, praised the court’s decision, stating that justice had been served and urging authorities to act swiftly in correcting the mistake.
The court, however, asked for clarification on the term “effectuate” used in the judge’s order, noting that while the government must take steps to bring Abrego Garcia back, foreign policy decisions are still under the executive branch’s authority. A Justice Department spokesperson echoed this sentiment, highlighting that only the president has the constitutional power to conduct foreign relations.
Abrego Garcia’s arrest and deportation sparked further controversy because it happened without a warrant or any criminal charge. He was briefly questioned by ICE about alleged gang affiliations before being placed on a high-profile deportation flight to El Salvador alongside alleged Venezuelan gang members.
Notably, the deportation violated a 2019 immigration judge’s ruling that protected him from being returned to El Salvador due to credible threats from gangs in the region. Despite this, the Justice Department now claims that Abrego Garcia is no longer protected due to allegations—strongly denied by his legal team—that he is affiliated with the MS-13 gang.
Judge Xinis firmly ruled that his deportation was unlawful and likely violated his constitutional rights. She stated that there was no legal justification for his arrest, detention, or removal. The 4th U.S. Circuit Court of Appeals also refused to block the judge’s order, strengthening Abrego Garcia’s case.
This ruling sends a strong message: even the highest powers in the executive branch are accountable to the law—especially when innocent lives are at stake.
