The U.S. Supreme Court ruled Thursday that the Trump administration must help return the Maryland man who was mistakenly deported to El Salvador, where he is currently being held in a notorious prison.
The case involves Kilmar Abrego Garcia, a Salvadoran national who had previously been granted protection from deportation by an immigration court due to fears he would face persecution by local gangs. Despite that ruling, Abrego Garcia was deported which prompted legal action.
U.S. District Judge Paula Xinis ordered the government to return Abrego Garcia to the United States by midnight on Monday. “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 to El Salvador,” the Supreme Court said in an unsigned order, with no noted dissents.
Chief Justice John Roberts had previously extended Xinis’ deadline. The justices also asked for the judge’s order to be clarified to ensure it doesn’t overstep executive authority in foreign affairs. The court stated that the administration must also be ready to explain what actions it has taken to bring Abrego Garcia back, and what more it can do.
The Trump administration has admitted that deporting Abrego Garcia was a mistake, but argued that it could no longer do anything to reverse it. Officials also claim he is a member of the MS-13 gang, although he has never been charged or convicted of any crime. His attorneys say there is no proof he was ever involved with MS-13.
BREAKING: Supreme Court says Trump must free Maryland father from El Salvador prison @CourthouseNews pic.twitter.com/T6hQeIZsy2
— Kelsey Reichmann (@KelseyReichmann) April 10, 2025
The court’s liberal justices criticized the government’s stance. “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,” wrote Justice Sonia Sotomayor, who was joined by two other justices. She called the administration’s failure to act “plainly wrong” and said it should have worked quickly to correct “its egregious error.”
Abrego Garcia’s wife, Jennifer Vasquez Sura, called the experience an “emotional rollercoaster.”
“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. I will continue fighting until my husband is home,” she said.
It’s been weeks since the Trump administration admitted they wrongfully deported a Maryland father to a brutal Salvadoran prison, and he’s still not home.
I joined with my colleagues to press the administration for answers on this senseless case.
— Mark Warner (@MarkWarner) April 10, 2025
His attorney, Simon Sandoval-Moshenburg, praised the court’s decision. “Tonight, the rule of law prevailed,” he said, as he urged the administration to “stop wasting time and get moving.”
Judge Xinis previously criticized the deportation as “wholly lawless.” He said that there was little to no evidence to support the “vague, uncorroborated” claims that link Abrego Garcia to MS-13.
