Supreme Court Sides With Migrant Trump Administration Wrongly Deported - The New York Times


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Supreme Court Ruling

The Supreme Court instructed the US government to take steps to return Kilmar Armando Abrego Garcia, a Salvadoran migrant wrongly deported to El Salvador, to the United States. While the court didn't mandate his return, it affirmed a lower court's order for the government to facilitate his release from a notorious El Salvadoran prison and ensure his case proceeds as if the deportation hadn't occurred.

Case Details

The court's unsigned order notes the ambiguity in the lower court's directive regarding the term “effectuate” and emphasized the need for the executive branch's deference in foreign affairs. The case will return to the lower court for clarification.

Uncertainty Remains

The decision leaves uncertainty about Abrego Garcia's return. The government must now share details of its actions and potential future steps to return him. The ruling emphasizes the balance between judicial authority and the executive branch's role in foreign affairs.

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The Supreme Court on Thursday instructed the government to take steps to return a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.

In an unsigned order, the court stopped short of ordering the return of the migrant, Kilmar Armando Abrego Garcia, indicating that courts may not have the power to require the executive branch to do so.

But the court endorsed part of a trial judge’s order that had required the government to “facilitate and effectuate the return” of Mr. Abrego Garcia.

“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 to El Salvador,” the Supreme Court’s ruling said. “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”

The case will now return to the trial court, and it is not clear whether and when Mr. Abrego Garcia will be returned to the United States.

“The district court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs,” the Supreme Court’s ruling said. “For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”

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