The United States Supreme Court convened on April 7, 2025, to consider an emergency request from the Trump administration regarding a deportation order concerning a Maryland resident, Kilmar Armando Abrego Garcia, who has been wrongfully deported to El Salvador. The government is seeking to block a federal district judge’s ruling that mandates his return to the U.S. by the end of the day.

This order follows a decision by the U.S. Court of Appeals for the 4th Circuit, which denied the Department of Justice’s request to stay the judge’s ruling. The appellate court stated, “The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process.”

Background of the Case

Abrego Garcia is an undocumented immigrant who arrived in the United States from El Salvador and has been granted withholding of removal due to fears of persecution if returned. He has never faced criminal charges. However, on March 12, 2025, he was detained by Immigration and Customs Enforcement (ICE) and subsequently deported to a high-security prison in El Salvador.

Since his arrival at the notorious Terrorism Confinement Center, his family has lost all contact with him, raising urgent concerns among his lawyers and human rights advocates.

Legal Arguments and Court Rulings

U.S. District Judge Paula Xinis ruled that the federal government acted unlawfully in deporting Abrego Garcia, arguing that it violated due process rights. The government acknowledged the mistake but contended that Judge Xinis did not have the authority to order his return from El Salvador. The administration’s solicitor general, John Sauer, emphasized the unprecedented nature of such an order, which he described as an undue interference with foreign relations.

During the proceedings, the government stressed that efforts to negotiate Abrego Garcia’s return would be significantly complicated by the court-imposed timeline, which mandated a resolution by 11:59 p.m.

Claims of Gang Affiliation

A point of contention in this case is the government’s assertion that Abrego Garcia has ties to the criminal gang Mara Salvatrucha (MS-13), which is recognized as a terrorist organization. The evidence provided amounted to little more than his wearing a Chicago Bulls hat and hoodie, alongside vague allegations from an anonymous source.

Judge Xinis noted these claims lack corroboration and indicated that the allegations do not substantiate the government’s position on his deportation.

Next Steps

The Supreme Court’s response to the emergency appeal is pending, with a decision possible at any time. Legal experts are closely monitoring the situation, as it poses significant implications for immigration policy and the due process rights of non-citizens in the United States.