The U.S. Supreme Court has ruled that the Trump administration must facilitate the return of Kilmar Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador despite a court order prohibiting his removal due to threats from local gangs.
Abrego Garcia, 29, fled gang violence in El Salvador and entered the U.S. around 2011. He settled in Maryland, married a U.S. citizen, and was raising three children. In 2019, an immigration judge granted him protection from deportation due to credible fears of gang persecution. Despite this, he was erroneously deported in March 2025 amid the administration’s efforts to expel alleged gang members. ICE later described the deportation as an “administrative error.”
The Supreme Court’s order mandates that the government “facilitate” Abrego Garcia’s release from custody in El Salvador and ensure his case is handled as it would have been had he not been improperly deported. The Court emphasized that while it respects the executive branch’s role in foreign affairs, it retains the authority to ensure individuals are not deprived of legal protections due to administrative mistakes.
Justice Sonia Sotomayor, joined by Justices Kagan and Jackson, criticized the government’s position, stating that accepting such arguments would allow the executive branch to deport individuals without legal consequence, undermining the rule of law.
The Trump administration has argued that Abrego Garcia is a member of the MS-13 gang, a claim he denies. His lawyers contend that he has been targeted by gangs for extortion and has no criminal record.
