In a decisive rebuke, the U.S. Supreme Court on Thursday ordered the Trump administration to take all necessary steps to repatriate Kilmar Abrego Garcia, a Maryland resident and Salvadoran national who was mistakenly deported in violation of a federal immigration court’s order. The ruling came after the government admitted it erroneously removed Abrego Garcia from the United States and sent him to one of El Salvador’s most dangerous prisons, despite legal protections against such deportation.
Kilmar Abrego Garcia, 29, was legally residing in the U.S. and working as a sheet metal apprentice while pursuing a journeyman license. He had been granted permission to work by the Department of Homeland Security and was living with his wife, a U.S. citizen, in Maryland.
In 2019, an immigration judge barred his removal to El Salvador after determining that returning him would place him at serious risk of persecution from violent gangs, particularly MS-13. Despite that clear legal protection, immigration authorities detained and deported Abrego Garcia last month, placing him in custody in a Salvadoran prison notorious for violence and human rights abuses.
His attorneys say he was never convicted of any crime nor proven to have any connection to gangs — an assessment echoed by the judge overseeing his case.
The Supreme Court’s unsigned order, issued without any noted dissent, backed the findings of U.S. District Judge Paula Xinis, who had previously ordered the government to ensure Abrego Garcia’s safe return to the United States by midnight Monday. The high court confirmed that Judge Xinis acted within her authority in requiring the government to “facilitate” Abrego Garcia’s release from Salvadoran custody and resume his immigration proceedings as if he had never been deported.
“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,” the Court’s order stated.
Chief Justice John Roberts had temporarily paused the lower court’s deadline but ultimately allowed the case to proceed, while also asking that the order be clarified to avoid overstepping executive powers regarding foreign relations.
The Court emphasized that the Trump administration must show what concrete steps it has taken, or plans to take, to reverse the wrongful deportation and secure Abrego Garcia’s return.
Even the Trump-era Justice Department acknowledged the deportation was a mistake, but previously argued that there was little they could do now that Abrego Garcia was no longer on U.S. soil.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, harshly criticized this position, writing in a concurring opinion that the administration was “plainly wrong” to suggest it lacked the power or responsibility to fix its own error.
“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene,” Sotomayor wrote, denouncing the approach as “deeply troubling.”
Judge Xinis had similarly condemned the administration’s actions, writing in her ruling that the decision to deport Abrego Garcia was “wholly lawless,” and based on “vague, uncorroborated” allegations that he may have once had links to MS-13 — a claim unsupported by any formal charge or evidence.
The case has already resulted in internal turmoil within the Department of Justice. During a hearing, DOJ attorney Erez Reuveni admitted in court that Abrego Garcia had been wrongfully deported. Shortly afterward, then-Attorney General Pam Bondi removed Reuveni from the case and placed him on leave, signaling the political sensitivity surrounding the blunder.
Now held in a Salvadoran prison system notorious for overcrowding and alleged human rights violations, Abrego Garcia’s return depends on swift diplomatic and logistical action by U.S. officials. The Court’s order compels the government to pursue all available avenues to secure his release and return.
Legal experts say this ruling could have significant implications for future immigration enforcement cases, especially regarding how the federal government is held accountable for deportation errors — particularly under expedited or politically influenced directives.
This case emerges amid broader tensions over immigration enforcement policies initiated under the Trump administration, many of which have faced legal setbacks in lower courts. The Supreme Court’s order serves as a rare exception in a string of emergency docket cases where the conservative majority had previously shown support for Trump-era policies.
It also reinforces the legal boundaries surrounding executive power, especially in immigration and foreign policy matters, signaling that judicial oversight remains a critical check on administrative actions that violate individual rights.
The U.S. State Department and Department of Homeland Security are now expected to coordinate with Salvadoran officials to arrange for Abrego Garcia’s release. Legal teams continue to monitor whether the government complies fully with the court’s directive as pressure mounts for a resolution to a mistake that nearly cost a man his life.
