The US supreme court upheld on Thursday a judge’s order requiring Donald Trump’s administration to facilitate the return to the United States of a Salvadoran man who the government has acknowledged was deported in error to El Salvador.
US district judge Paula Xinis last week issued an order that the administration “facilitate and effectuate” the return of Kilmar Abrego Garcia, in response to a lawsuit filed by the man and his family challenging the legality of his deportation.
The supreme court, in an unsigned decision, said 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”.
However, the court said that the additional requirement to “effectuate” his return was unclear and may exceed the judge’s authority. The justices directed Xinis to clarify the directive “with due regard for the deference owed to the executive branch in the conduct of foreign affairs”.
The administration, meanwhile, “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps,” the court directed.
Abrego Garcia, a Salvadoran migrant who was living in Maryland and has had a work permit since 2019, was stopped and detained by US Immigration and Customs Enforcement.
