Supreme Court Orders Trump Administration to Return Man Wrongfully Deported to El Salvador
WASHINGTON, D.C. — In a rare unanimous rebuke of the Trump administration, the U.S. Supreme Court ruled Thursday that federal authorities must take immediate steps to return Kilmar Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador despite a standing court order prohibiting his removal. The Court’s decision caps a chaotic legal saga that critics say highlights deep failures in immigration enforcement and executive accountability.
Abrego Garcia, a 29-year-old Salvadoran national married to a U.S. citizen and legally working as a sheet metal apprentice, had been granted protection from deportation by an immigration court in 2019 due to credible threats of persecution from violent gangs in his home country. Despite this protection and his legal work permit, he was detained by U.S. Immigration and Customs Enforcement (ICE) and secretly deported to El Salvador last month, where he was immediately imprisoned.
The deportation, which both the Department of Homeland Security (DHS) and Department of Justice (DOJ) later admitted was a mistake, has drawn national attention and sparked outrage among immigrant rights groups and legal experts. Abrego Garcia remains incarcerated in a notorious Salvadoran prison known for its overcrowding and links to gang violence.
Supreme Court Intervenes
The Supreme Court issued its unsigned, unanimous ruling on Thursday, denying the Trump administration’s emergency appeal to block a lower court order that mandated Abrego Garcia’s return. The Court made it clear that the government has a continuing obligation to correct its error and bring him back to the United 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,” the Court stated.
Notably, the ruling contained no dissents, signaling a rare moment of consensus among the justices, who have otherwise issued a number of rulings favorable to the Trump administration on immigration matters in recent years.
The justices also directed the district court to clarify its order to ensure that it does not overstep executive authority in matters of foreign affairs but made clear that the government must demonstrate what steps it has taken — and what additional actions it could take — to secure Abrego Garcia’s return.
Government in Retreat, But Still Defiant
While DHS and DOJ have publicly acknowledged the deportation was a mistake, they argued in court that they no longer had jurisdiction to bring Abrego Garcia back, given that he was now detained by a foreign government. The Supreme Court flatly rejected that premise.
Justice Sonia Sotomayor, joined by Justices Kagan and Jackson, criticized the administration’s stance in particularly stark terms. “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,” she wrote.
The Trump administration further claimed that Abrego Garcia was associated with the MS-13 gang — a frequent target in Trump’s hardline immigration rhetoric — despite offering no formal charges, convictions, or corroborated evidence to support the accusation. U.S. District Judge Paula Xinis, whose order initiated the case, described the allegations as “vague, uncorroborated,” and the deportation itself as “wholly lawless.”
Human Toll and Public Response
Jennifer Vasquez Sura, Abrego Garcia’s wife and a U.S. citizen, said in a statement Thursday that the ordeal had taken a devastating toll on their family. “I am anxiously waiting for Kilmar to be here in my arms, and in our home putting our children to bed, knowing this nightmare is almost at its end,” she said. “I will continue fighting until my husband is home.”
His attorney, Simon Sandoval-Moshenburg, praised the Supreme Court’s decision as a victory for the rule of law. “Tonight, the rule of law prevailed,” he said. “The government needs to stop wasting time and get moving.”
A Justice Department spokesperson characterized the Supreme Court’s order as a win for the administration, pointing to the Court’s request for clarification on the limits of judicial intervention in foreign affairs. But critics say that’s little more than spin from an administration caught in an egregious legal blunder.
Legal Fallout
The mishandling of the case has already prompted internal consequences. DOJ attorney Erez Reuveni, who conceded in court that Abrego Garcia should not have been deported, was later removed from the case and placed on leave by then-Attorney General Pam Bondi.
With the Supreme Court now intervening directly, legal analysts say the case could become a watershed moment in the battle over executive overreach and immigration enforcement.
“This isn’t just about one man,” said constitutional law professor Karen Sokol. “This is about whether the executive branch can ignore lawful court orders and then pretend to wash its hands of the consequences.”
What’s Next?
The Trump administration has until Monday to comply with the court’s mandate and report its actions. Advocates are watching closely to see whether the administration acts swiftly — or attempts to delay under the pretense of diplomatic complications.
For now, the message from the Court is clear: The Constitution doesn’t vanish at the border, and even in the volatile landscape of immigration policy, there is a legal line that cannot be crossed.
