Supreme Court Urges Government to Aid Wrongfully Deported Migrant

The Supreme Court delivered a directive to the government on Thursday, urging them to take action to bring back a Salvadoran migrant who was unjustly deported to a notorious prison in El Salvador. Although the court refrained from directly mandating the migrant’s return, the unsigned order hinted at the limitations of judicial power over the executive branch. Still, it supported a trial judge’s decision requiring the government to “facilitate and effectuate the return” of Kilmar Armando Abrego Garcia.

The Supreme Court emphasized that the government must “facilitate” Mr. Abrego Garcia’s release from custody in El Salvador, ensuring his case is processed as it would have been had the wrongful deportation not occurred. “The order correctly obligates the government to advocate for Abrego Garcia’s release,” the court asserted, though it also noted ambiguity in the term “effectuate” as used by the district court. This lack of clarity, the court remarked, could potentially overstep the district court’s jurisdiction.

The case is set to return to the trial court, raising questions about the timing and possibility of Mr. Abrego Garcia’s return to the United States.