Supreme Court orders emergency return of man "accidentally" deported by Trump administration in shocking legal battle
Supreme Court Steps In After Father With Legal Work Permit "Accidentally" Deported To El Salvador
If you've ever worried about making a paperwork mistake, this story will send chills down your spine.
The US Supreme Court has been forced to intervene after the Trump administration deported a Salvadoran man who was legally living in the United States - and then fought to keep him in a foreign prison even after admitting it was a mistake.
Kilmar Abrego Garcia was living a normal life in Maryland with his American citizen wife and their children. He had been working legally in the United States with a proper work permit since 2019 and had no criminal record.
That all changed on March 12 when Immigration and Customs Enforcement (ICE) officers stopped and detained him, questioning him about alleged gang affiliations - allegations his attorneys vehemently deny.
Three days later, Abrego Garcia was put on a deportation flight to El Salvador despite having a 2019 court order specifically protecting him from deportation to that country. A judge had previously determined he would face persecution from gangs if returned there.
In a shocking admission, the Justice Department has acknowledged in court filings that Abrego Garcia's removal to El Salvador was an "administrative error." However, they've still fought desperately against bringing him back, arguing all the way to the Supreme Court that they shouldn't have to return him.
Meanwhile, Abrego Garcia remains detained in El Salvador's notorious anti-terrorism prison along with more than 200 others who were deported on March 15. The United States is reportedly paying President Nayib Bukele's government $6 million to house these detainees.
His American wife and children haven't seen him since his arrest.
US District Judge Paula Xinis didn't mince words when ordering the government to bring Abrego Garcia back, writing that his detention "appears wholly lawless" and that "there were no legal grounds whatsoever for his arrest, detention or removal."
The Supreme Court agreed, ruling on Thursday that the judge's 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."
Justice Sonia Sotomayor was even more direct, writing that the administration had requested "an order from this court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law."
Despite this clear rebuke, the Justice Department has attempted to spin the ruling as a win, stating it recognizes "the exclusive prerogative of the president to conduct foreign affairs" and claiming the ruling "illustrates that activist judges do not have the jurisdiction to seize control of the president's authority to conduct foreign policy."
Simon Sandoval-Moshenberg, Abrego Garcia's attorney, celebrated the decision, saying "the rule of law prevailed" and urging the government to "stop wasting time and get moving" to bring his client home.
A hearing has been scheduled for Friday afternoon where the government must explain what steps they've taken to facilitate Abrego Garcia's return to his family in the United States.
As this legal drama unfolds, Abrego Garcia's family continues to wait anxiously for his return, clinging to photos of him in his Chicago Bulls hat - images taken in a life that seems increasingly distant with each passing day in detention.
