The Trump administration appealed to the Supreme Court to block a lower court order mandating the return of Kilmar Armando Abrego Garcia, a Salvadoran national mistakenly deported to El Salvador. A lower court judge ordered his return by a deadline, but the administration argued it couldn't bring him back due to his detainment in El Salvador. The Justice Department contended that the order is unprecedented and an overreach of federal court power.
Abrego Garcia's deportation was acknowledged as an administrative error. An immigration judge in 2019 had withheld his removal due to death threats from a gang in El Salvador related to his family's business. For six years, he lived in Maryland, regularly checked in with immigration officials and committed no crimes. Despite this, he was deported on March 15th, raising further legal scrutiny on White House immigration policies.
The 4th US Circuit Court of Appeals rejected the DOJ's request to lift the lower court order, with judges issuing strong opinions criticizing the government's actions. Judge Thacker stated the government lacked authority to deport Abrego Garcia without due process. Judge Wilkinson agreed the government made an error, but interpreted the lower court's order as facilitating, not mandating, the return, to avoid interfering with executive powers. The White House publicly criticized the judge's order, with Stephen Miller using inflammatory language. DOJ lawyers were reportedly placed on leave.
The Supreme Court's decision on the Trump administration's appeal remains pending, determining the legal implications and the future of Abrego Garcia's case.