SCOTUS Rules Partially Against Trump In Deported Migrant Case
The Supreme Court on Thursday ruled that the Trump administration must “facilitate,” but not necessarily “effectuate,” the return of a Salvadoran national mistakenly deported in March, stopping short of the full remedy sought by the Court’s liberal justices.
The unanimous, unsigned opinion did not set a deadline for the return of Salvadoran national Kilmar Armando Abrego Garcia following his mistaken March 15 deportation to El Salvador, rather instructing the Trump administration to take “steps” to initiate his return.
“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’s ruling said regarding the previous lower court ruling on the case. “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”
“The district court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs,” the Supreme Court’s ruling continued. “For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
The Court’s three liberal justices, despite joining the unanimous decision, argued that the administration’s emergency appeal should have entirely been denied, leaving in place the full court-ordered return of Abrego Garcia per the lower court in March.
Justice Sonia Sotomayor criticized the administration for dismissing the mistaken removal as an “oversight” rather than “hastening to correct its egregious error.”
The case began when Abrego Garcia was mistakenly deported on March 15 despite having ongoing legal proceedings that should have allowed him to remain in the United States while his case was adjudicated. According to the ruling, he is currently detained in a Salvadoran prison awaiting a potential return to the United States.
In 2019, the Department of Homeland Security charged Abrego Garcia with illegally residing in the United States. During his proceedings, the immigration judge denied him bond “because ‘the evidence show[ed] that he is a verified member of [Mara Salvatrucha] (‘MS-13’)]’ and therefore posed a danger to the community,” according to ICE’s statement to the court. While the judge ordered Abrego Garcia’s removal, he stipulated that he could not be sent back to El Salvador.
The Trump administration had argued that U.S. courts lack the legal authority to order the return of individuals once they have physically crossed the border and left U.S. territory, which the high court dismissed in the ruling.
Legal experts note that the distinction between “facilitate” and “effectuate” could prove significant.
“Although the ruling makes clear that the district court can order the Trump administration to facilitate Abrego Garcia’s return to the United States, it is maddeningly vague about exactly how it’s supposed to do so,” said Steve Vladeck, CNN Supreme Court analyst and professor at Georgetown University Law Center.
The case now returns to the lower court, where the judge must clarify specific requirements for the administration. This could include determining whether the government must secure travel documents, arrange transportation, or take other concrete steps to ensure Abrego Garcia’s return.
