On Thursday night, the U.S. Supreme Court ordered that the Trump administration must facilitate the return of an illegal immigrant, Kilmar Armando Abrego Garcia, who was residing in Maryland and had been deported to El Salvador. Earlier this week, Chief Justice John Roberts temporarily blocked a district court judge who had ordered that Abrego Garcia, whom the administration says is an MS-13 gang member, be returned by April 7 at 11:59pm. While the Trump administration pointed to a mistake involved, it was an "administrative error," as Abrego Garcia was deported to the wrong location.
BREAKING: A 9-0 Supreme Court UPHOLDS a court order requiring the Trump administration to bring a Maryland man, Kilmar Armando Abrego Garcia, back to the U.S. after mistakenly deporting him to El Salvador. Deadline TBD. #SCOTUShttps://t.co/bB0HHquFAk pic.twitter.com/vng90OhbL0
— Katie Buehler (@bykatiebuehler) April 10, 2025
The order was 9-0, though a deadline is not mentioned. As a result, the order reads, the chief justice's order is vacated. Roberts had "subsequently referred the application to the Court" after issuing his ruling. He had also said on Monday that the lower court ruling, from U.S. District Judge Paula Xinis, who was appointed by former President Barack Obama, "is hereby stayed pending further order of the undersigned or of the Court."
The order also mentions further steps for the lower court to take:
The application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government's emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court’s order remains in effect but requires clarification on remand. The other 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 intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. 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. The order heretofore entered by THE CHIEF JUSTICE is vacated.
The Trump administration must facilitate the return of Abrego Garcia, though that's not the only part of the Court's order worth highlighting. Not only does the lower court have to clarify, but the justices note that the "intended scope of the term 'effectuate' in the District Court's order" with regards to how the administration must be involved in Abrego Garcia's return, "is, however, unclear, and may exceed the District Court’s authority."
As Jeff covered with regards to Robert's temporary ruling earlier this week:
The administration acknowledged that the deportee should not have been sent to El Salvador, even though it is his home country and he did enter the country illegally. An immigration judge in 2019 issued a withholding of removal order, which did not grant Abrego Garcia legal status but protected him from being sent back to his country. This came after the migrant argued that he could face violence from gangs if he was forced to return to El Salvador.
The Justice Department placed a government lawyer named Erez Reuveni on administrative leave after he expressed frustration about the case during court proceedings. “Our only arguments are jurisdictional … He should not have been sent to El Salvador,” he told Judge Xinis.
When the judge asked whether the federal government couldn’t just ask El Salvador to return Abrego Garcia, he responded, “The first thing I did when I got this case on my desk is ask my clients the same question.” He said he did not receive a clear answer.
The point about how Judge Xinis may have exceeded her authority has been a theme and concern for other district court judges as well. The justices have had to rein in such judges before, with the Court on Monday lifting orders involving Judge James Boasberg, the chief judge of the U.S. District Court for the District of Columbia. The Court found that Boasberg did not have the jurisdiction in the case involving the removal of violent gang members using the Alien Enemies Act. In doing so, the Court granted the administration's request to lift the stay. The Trump administration continues to carry out more deportations, as Attorney General Pam Bondi has made clear.
Last Friday, the Court also ruled in favor of the Trump administration when it comes to freezing teacher grants and ruled in favor of the administration on Tuesday to do with firing probationary employees.
The House on Wednesday night also passed legislation to rein in the authority of district judges, with the No Rogue Rulings Act of 2025 (NORRA).
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