The Supreme Court recently decided that the Trump administration must help bring back a Salvadoran man who was mistakenly deported. This ruling came after Kilmar Armando Abrego Garcia was sent back to El Salvador on March 15, despite having legal proceedings that should have allowed him to stay in the U.S. while his case was being resolved.
In a unanimous opinion that did not specify a timeline, the Court instructed the administration to take steps to facilitate Abrego Garcia’s return. However, the justices noted that the term "effectuate," as used by a lower court, was unclear and might go beyond what the court can order. They emphasized that the lower court should clarify its directive while respecting the government’s role in foreign affairs.
The three liberal justices expressed their disagreement with the administration’s emergency appeal, arguing it should have been denied entirely. Justice Sonia Sotomayor criticized the administration for treating the mistaken deportation as a mere oversight instead of correcting what she called an "egregious error."
Abrego Garcia is currently detained in a Salvadoran prison, waiting for a potential return to the U.S. His legal troubles began in 2019 when he was charged with illegally residing in the United States. An immigration judge had ordered his removal but specified that he could not be sent back to El Salvador due to safety concerns.
The Trump administration had argued that U.S. courts lacked the authority to order the return of individuals once they had left the country, but the Supreme Court rejected this claim. Legal experts believe the distinction between "facilitate" and "effectuate" is important, as it raises questions about what specific actions the government must take to assist in Abrego Garcia’s return.
Now, the case goes back to the lower court, where a judge will need to clarify what steps the administration must take. This could involve obtaining travel documents or arranging transportation for Abrego Garcia’s return to the United States.