The Supreme Court has instructed President Donald Trump’s administration to assist in the return of Kilmar Armando Abrego Garcia, a Maryland resident wrongfully deported to El Salvador on March 15. However, the ruling does not mandate a specific timeline for his repatriation. The court indicated that a lower court’s directive requiring the administration to “effectuate” Garcia’s return was ambiguous and required further examination.
In its unsigned opinion, the Supreme Court did not provide a deadline for the government to act. Legal analyst Steve Vladeck commented that while the court allows for the return, the lack of clarity regarding implementation poses challenges. He questioned how the government would respond if it invokes state secrets regarding arrangements with El Salvador.
The court’s more liberal justices did not oppose the decision but expressed in a separate statement that the administration’s emergency appeal should have been completely dismissed. Justice Sonia Sotomayor pointed to existing policies insisting that the government facilitate the return of individuals when their presence is essential for ongoing removal proceedings. She criticized the administration for viewing this wrongful deportation as a mere “oversight” rather than a significant error needing prompt correction.
Sotomayor also condemned the notion that the government could leave Abrego Garcia, an innocent husband and father, imprisoned in El Salvador with no legal reasoning to justify such an act. She argued that the administration’s stance—that US courts cannot offer relief once a person has crossed the border—is fundamentally flawed. As the case returns to lower courts, she urged judges to ensure the government upholds its legal responsibilities, which include adhering to due process protections within immigration law and abiding by the United Nations’ Convention Against Torture.
The ruling, while a partial victory in acknowledging the wrongful deportation, leaves open questions regarding the execution of the order and the government’s compliance with established legal obligations.