Supreme Court rules Trump administration must 'facilitate' return of mistakenly deported man
Category: News & Politics
Via: tacos • one week ago • 57 commentsBy: Zach Schonfeld and Rebecca Beitsch (The Hill)
S E E D E D C O N T E N T
by Zach Schonfeld and Rebecca Beitsch - 04/10/25 7:01 PM ET
by Zach Schonfeld and Rebecca Beitsch - 04/10/25 7:01 PM ET
The Supreme Court on Thursday refused to lift a judge's order requiring the Trump administration to "facilitate" the return of a Maryland man mistakenly deported to El Salvador.
The court's emergency ruling instructs the lower judge to clarify the language of her order but said she acted properly in ensuring that Kilmar Abrego Garcia's case is handled "as it would have been had he not been improperly sent to El Salvador."
"The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. 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 order reads.
There were no noted dissents.
"In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law," Justice Sonia Sotomayor wrote in a separate statement, joined by the court's two other liberal justices.
The administration acknowledges Abrego Garcia was wrongly removed but argued the courts cannot mandate his return since he is now in the hands of Salvadoran authorities, who are detaining him in the country's notorious CECOT prison.
Abrego Garcia has lived in Maryland since 2011, when he was 16 years old. In 2019, an immigration judge issued an order preventing authorities from deporting him back to El Salvador over concerns he would face violence there.
Despite the order, Abrego Garcia was aboard one of a series of March 15 flights that left U.S. soil and ultimately landed in El Salvador. The Trump administration has since blamed it on an "administrative error" but argues it is powerless to bring him back.
"Courts cannot order the Executive to conduct the country's foreign relations in a particular way," Solicitor General D. John Sauer wrote in court filings.
After Abrego Garcia's family sued, U.S. District Judge Paula Xinis, an appointee of former President Obama who serves in Maryland, ordered the Trump administration to "facilitate and effectuate" Abrego Garcia's return.
The Supreme Court's ruling upholds the thrust of Xinis's order but directs her to clarify the term "effectuate," warning that it is otherwise unclear and could be interpreted in a way that exceeds her authority.
Xinis had ordered the administration to comply by this past Monday, but Chief Justice John Roberts put that deadline on hold until the Supreme Court resolved the administration's emergency appeal. The high court noted the deadline is no longer effective but did not set a new date.
The Trump administration has accused Abrego Garcia of being a member of the MS-13 gang based on a report from a confidential informant, who claimed he was involved with the international criminal gang in New York.
But Abrego Garcia's family says he never lived in New York, contesting that he has any gang ties. Abrego Garcia is married to a U.S. citizen and is the father of a disabled son who is also a U.S. citizen.
The Trump administration is paying the Salvadoran government $6 million to hold deportees imprisoned there for the next year.
Abrego Garcia's lawyers blasted the Trump administration for pushing "speculative difficulties of compliance" as a rationale for not seeking the man's return.
"To the extent returning Abrego Garcia from a U.S.-contracted facility regularly visited by U.S. officials proves impossible, or requires the Presidential diplomacy the Government suggests, the Government may present those facts to the district court," his attorneys wrote in an apparent nod to Homeland Security Secretary Kristi Noem, who filmed a video while visiting the facility.
"But the Government cannot have license to evade a court order based on hypothetical obstacles that are nothing more than a figment of its imagination."
Abrego Garcia's mistaken deportation has been noted in other cases, as those suing over Trump's use of the Alien Enemies Act to deport Venezuelans to the same facility say the error shows the risk of deporting men to the prison with zero outside review.
And like Abrego Garcia, many of the men say they are not affiliated with any gang.
The case is one of a series of emergency applications the Trump administration has filed at the Supreme Court, which have been met with mixed results.
The justices previously lifted orders blocking the administration from invoking the Alien Enemies Act, freezing $65 million in teacher grants and firing thousands of probationary employees.
But the administration has not always emerged victorious. The court last month refused a request to cancel nearly $2 billion worth of foreign aid payments.
Tags Donald Trump John Roberts Kristi Noem Sonia Sotomayor
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Because it’s basic due process. At least one or two things are still sacred.
The hard core cannot see that. They can't even read the SCOTUS finding without trying to find fault with Xinis telling Trump what the law is.
They think that Trump is King. Period.
professional courtesy, from one tinhorn dictator to another ...
Due process is on Trump and his reactionary acolytes' target list. It's a significant impediment to the authoritarian regime they are seeking to impose.
The White house is now questioning the meaning of "facilitate".
Libs Are Missing This Key Phrase in That SCOTUS Ruling on the Deported Illegal Alien
Turley: What in the World Is a 'Writ of Facilitation'? – HotAir
No one cares.
And of course you have proof which contradicts DOJ's admitted mistake About the one in question?
No one is missing the get out of jail cards SCOTUS left in the written order...
Leave it to an asshat like Turley to quibble about the legal meaning of facilitate, but it was already
being beaten to death on all of the major networks, so his "contribution" seems to be for his own edification.
I certainly don't care. He's as irrelevant as Krugman.
Interesting stuff. Good post, thanks
Of course.
constitutional crisis, on deck ...
The key word is facilitate. That can't be done without El Salvador's cooperation.
Getting El Salvador’s cooperation should be child’s play for the Negotiator in Chief. We’re already paying them to take these prisoners. At minimum, we could not pay for this guy, or pay to get him back. Our power of influence should be vast - how about some tariffs?
The notion that the United States government can do nothing to return this person to our country is gaslighting in the extreme.
I believe he already has it.
We’re already paying them to take these prisoners.
They have a big, cheap, beautiful prison.
At minimum, we could not pay for this guy, or pay to get him back.
I don't see us paying for his return.
Our power of influence should be vast - how about some tariffs?
On a close ally like El Salvador. Nope. I say no tariffs on them.
The notion that the United States government can do nothing to return this person to our country is gaslighting in the extreme.
Then again, the Court never did say the US government must do the returning. They only said the government should facilitate a return.
Odd that this story got so much news time, even over the bombing of the Houthis.
If Trump asked Bukele to return Garcia, he would do so.
Trump is using this man as a political football.
Trump is an asshole.
Now I know I’m being trolled.
Tell me how you know this.
How can you NOT know this?
Bukele is sucking up to Trump. Obviously. He will do whatever Trump says, within reason. Releasing Garcia is easy for Bukele ... nothing to lose and easy to do.
Of course they must. Contrary to the wrongheaded opinions of MAGA, everyone including criminals and foreigners are guaranteed equal civil rights in Americas courts. This is long settled constitutional principle.
And here, the government didn’t bother to go to court to prove who this person even was, much less that they should be deported. If the government had their way, they could literally pick up any random person - even a law-abiding citizen - and fly them to El Salvador. Then they’d tell the media they had deported some terrible criminal alien and just expect us to believe it.
If the government had their way, they could literally pick up any random person - even a law-abiding citizen - and fly them to El Salvador. Then they’d tell the media they had deported some terrible criminal alien and just expect us to believe it.
And El Salvador will respond with Oop$ie.
Undeniable evidence that SCOTUS is Trump's lapdog.... er... wait...what???
Even a lapdog may have his limits.
It is some more (this is not the first loss they have handed to Trump) evidence that the SCotUS is not going to approve every Trump request (unlike rulings such as the use of the Alien Enemies Act).
This is critical since congress has essentially abdicated its constitutional duty to serve as a check on the Executive branch.
The Judicial branch (especially lower courts) have been the strongest check in spite of past decisions of the SCotUS (in particular the delay SCotUS imposed which killed the ability to try Trump for his actions after losing the 2020 election).
There are some Trump actions that SCOTUS cannot spin to make the Constitution support. Only those extreme examples are they bucking Trump with.
Alien Enemies Act is an excellent example, it specifies that it can only be used at times of war or enemy invasion. No matter how many times MAGA calls it an "invasion" doesn't actually make an "invasion" by definition. But SCOTUS spun and spun and spun, claiming that it fits in there.
Read what they wrote, it's deliberately duplicitous to give the WH a few straws to argue, such as suggesting that Xinis may have overstepped his bounds with the Executive.
The American military leadership is being purified. Field grade females are being dismissed from the Pentagon, JCOS, Nato and now the Greenland command because of a tweet or who they were appointed by in the last 4 years.
We are in deep doodoo and our conservative trolls challenge us about democrasy being damoged or fractured.
SMH
And probably have no real good reason to dismiss other than "DEI"
Miliary officers are not supposed to be political in their statements and policies. Both female officers were removed for insubordination and ignoring the chain-of-command.
But they often are, and if they are Trump bootlickers they get promoted and coddled for an easy House seatlike Ronnie Jackson, the former drunk White House Physician who was handing out prescription pain killers like candy to West Wingers and Congressmen who had "headaches" or hangovers.
What about the others who were appointed by Milley or Brown? Because those people were "tainted" by Biden?
Gay? Not white enough? Not attractive? DEI?
Why did it even go to SCoTUS? Simple common sense would tell you ‘’you fucked up boy, now fix it fast’’.. Oh wait that was the old woke American.
Common sense?????
Trump?????
Once he is returned it would seem that he can be deported to any other country in the world, except El Salvador
Correct?
I think he would be due a fair immigration trial first, and under normal circumstances this 'administrative error' would almost insure he'd be granted permanent status (baring something we don't know). These days are anything but normal circumstances. I expect the State Department to drag their feet and come back saying he couldn't be located, or there was an 'accident'.
Fair points
Garcia is still an illegal. Given that little ignored fact, he will be processed and deported as such.
Not sure why the left is so supportive of an illegal immigrant who is a proven member of MS-13, a terrorist gang.
Not sure why some on the right are so quick to condemn things they don't understand but instead believe alternative
facts with absolutely no proof, even after the DOJ accusers have admitted their error.
What gain is there from being obtuse?
SMH
That's their voter base.
You mean an unsubstantiated accusation from an unnamed random gangster that this mistakenly identified and deported guy without a criminal record is actually MS13 doesn’t constitute “proof”?
Not sure why the right keeps bring this up since the DoJ has dropped that argument when they could produce no evidence.
Well I believe the evidence in the prior immigration trial was based on a Michael Jordan tattoo with the number 23 on wings, which ICE insists somehow means MS 13 gang member...many other tattoos that ICE uses to ID gang members have also proven to be just random tattoos that a lot of people like.
Cant Make This Shit up
That is QAnon level evidence. Maybe Laura Loomer started the accusation.
1) He was issued a work permit in 2019 (Trump administration), which means he was authorized to be here and not "illegal." He had a union job as a sheet metal apprentice, and was checking in with ICE yearly as required. He had no criminal record.
2) The MS-13 allegation remains unsubstantiated, and he firmly denies it, having fled gang violence as a 16-year-old in the first place. The government produced no evidence supporting the allegation as late as the April 5th hearing, with the judge noting that the government had basically abandoned the claim in court.
It is all they have
Two different courts have adjudged him to be a member of MS-13. Look it up
And yet he was proven not to be a gang member in a previous immigration court and awarded a very rare order to not deport him.
He complied with ICE appointments annually and has an American child and a green card to work in the USA, so "technically" according the US Government, he is not an illegal,
Given that little ignored fact, he should have another day in court to prove whether or not he was railroaded out of the country, a fact that DOJ already admitted in court.
Maybe, maybe not.
He may very well end up a permanent resident with a nicer house somewhere. Who knows.
Garcia is still an illegal. His legal status (green card) was pulled by the State Department. You remember the State Department don't you? They are the people in charge of the immigration policy.
So you say. Haven't seen that claim backed up.
Yes because he was deported. That is the standard protocol. It would also be standard protocol to reinstate his status because DOJ admitted their error.
Of course not, you only believe articles that support your preconceived "facts".
Carry on.
You haven't given any to judge it by.
And if this exact scenario had happened to a conservative Christian Canadian who was here and had American child and a green card to work in the USA and looked like many of these white rightwing conservative Christians, how many of them would be raging in righteous indignation about him being "an illegal"? Let's face it, these fuck wad bigots are only enraged because they're fucking racist, especially against brown people that don't speak English as their primary language. They see these folk as a threat to their "white Christian culture" fantasy bullshit so no amount of facts are going to change their decayed bitter hearts and minds.
What? You still expect me to do your research for you?
God forbid you should educate yourself, especially after saying he was already out 2 days ago.
Have a nice weekend.
He was in the country legally. Even the government concedes this.
He was deported illegally.
Actually Congress is in charge of immigration policy.
I expect you to back up your claims.
... oops.
I think that calls for resting my case.
My question is... What is SCOTUS going to do if:
Pigs fly in D.C.!!