Supreme Court: Bring Back Man Mistakenly Deported

Administration concedes Kilmar Abrego Garcia was sent to Salvadoran prison by mistake
Posted Apr 10, 2025 6:24 PM CDT
Return Wrongly Deported Man, Justices Tell Administration
This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia.   (Murray Osorio PLLC via AP)

The Supreme Court agreed with a lower court judge on Thursday that the Trump administration should bring back Kilmar Abrego Garcia, a Maryland man sent by mistake to a prison in El Salvador, the Washington Post reports. The Justice Department had filed an emergency appeal after US District Judge Paula Xinis ordered Abrego Garcia returned. In a brief order with no dissents noted, the Supreme Court said Xinis "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 court also said the administration should be able to provide information about the steps it has taken in the case and what it might do in the future, per the AP. The judge had ordered the government to "effectuate" Abrego Garcia's return, and Thursday's order said she should clarify that to ensure the court isn't exceeding its authority, per the New York Times. The administration says Abrego Garcia, who was in the US legally, belongs to the gang MS-13. But he's never been charged with a crime, and his lawyers say there's no evidence he's a gang member. The administration has conceded Abrego Garcia's deportation was in error but argued the US can't do anything about it because he's in the custody of another country. (More US Supreme Court stories.)

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