Home » Government Ordered to Assist in Return of Maryland Man Wrongly Deported to El Salvador

Government Ordered to Assist in Return of Maryland Man Wrongly Deported to El Salvador

by Juris Review Team
Government ordered to assist in return of maryland man wrongly

Supreme Court Upholds Order for Return of Man Detained in El Salvador

Kilmar Armando Abrego Garcia was taken into ICE custody on March 12 before being removed to El Salvador’s notorious Terrorism Confinement Center. (Katie Barlow)

Background of the Case

The Supreme Court recently upheld a directive from U.S. District Judge Paula Xinis, mandating the federal government to facilitate the return of Kilmar Armando Abrego Garcia, who is currently held in a high-security prison in El Salvador due to what the Trump administration has acknowledged as an “administrative error.”

Judicial Decision

In a decision issued on Thursday evening, the Supreme Court ruled in an unsigned opinion, with no noted dissents, against the request from the Trump administration to block Judge Xinis’s ruling. The court emphasized that Xinis has the authority to ensure the administration “facilitates” Garcia’s return and clarified the need for a lower court to detail how the administration must “effectuate” this return.

Furthermore, the justices indicated that while deference is required for executive actions in foreign affairs, the administration must still be prepared to disclose the steps taken toward Garcia’s return.

Details About Kilmar Abrego Garcia

Aged 29, Kilmar Armando Abrego Garcia immigrated to the United States from El Salvador as a teenager, fleeing gang violence. Although he established his life in Maryland with his U.S. citizen wife and three children, he found himself in immigration enforcement’s crosshairs in 2019 when the government tried to deport him based on allegations of membership in the MS-13 gang.

In subsequent proceedings, an immigration judge initially denied his request for release, citing gang affiliation. However, later rulings recognized the threats Garcia faced from gang members in El Salvador, leading to his withholding of removal—a form of protection from deportation. Yet, on March 12, 2025, he was detained by ICE and subsequently flown to El Salvador, where he entered the notorious Terrorism Confinement Center.

Legal Proceedings and Responses

Following his detention, Garcia’s legal team argued in federal court for his return to the U.S., asserting that the government had acted without legal authority in removing him from the country. Judge Xinis ruled that the federal government had no justification for Garcia’s detention and ordered his return by April 7, 2025.

However, the Trump administration, led by Solicitor General D. John Sauer, described Judge Xinis’s order as “unprecedented” and sought an immediate stay from the Supreme Court. Chief Justice John Roberts initially granted a stay, but the Supreme Court later allowed portions of the lower court’s order to remain in effect.

Implications of the Ruling

Justice Sonia Sotomayor, in her opinion accompanying the court’s decision, concurred with the ruling but expressed that she would have entirely rejected the government’s request. She underscored the importance of ensuring that Garcia receives due process in future proceedings and emphasized the administration’s obligation to adhere to existing laws regarding noncitizen detention and removal.

As this case progresses, it highlights key issues concerning immigration law, due process, and the treatment of individuals facing potential harm upon return to their home countries.

As the legal landscape continues to evolve, this case remains a significant indicator of the interaction between judicial oversight and executive actions regarding immigration policies in the United States.

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