SCOTUS Did NOT Order Abrego Garcia’s Reentry to the US

Updated with Margot Cleveland’s explanation, CNN’s report and document stating Abrego Garcia is MS-13 at the end of the report.

The Supreme Court on Thursday said that the Trump administration is required to “facilitate” the release of a Maryland man who was wrongly deported to an El Salvador prison. They did not order his return to the United States.

A judge who heard his case in 2019 said he was entitled to due process in the event of deportation. The media is politicizing that error.

However, SCOTUS clarified that re-entry is NOT an appropriate remedy either and did not order his return.

CNN is also now reporting he was not ordered returned to the US.

The Supreme Court on Thursday required President Donald Trump’s administration to “facilitate” the return of a Maryland man mistakenly deported to El Salvador but stopped short of requiring the government to return him to the United States.

Our original story, based on mainstream media, including NBC News and Reuters, was not accurate.

Original Story

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. The deadline is not determined.

Since all the Justices agree, it’s appropriate to assume the Department of Homeland Security didn’t have sufficient evidence in their opinion.

Does a district judge have power over the executive?

The court partly granted and partly rejected an emergency request filed by the Justice Department contesting a judge’s order that Kilmar Abrego Garcia be retrieved from a prison in El Salvador where he was sent on March 15 along with alleged Venezuelan gang members.

The decision means the administration does not immediately have to try to return Abrego Garcia to the United States because a judge-imposed deadline has already expired but “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps,” the unsigned decision said.

The court added that the district court judge may have exceeded her authority in saying the government had to not just “facilitate” but also “effectuate” Abrego Garcia’s return. The judge has to “clarify its directive, with due regard to the deference owed to the executive branch in the conduct of foreign affairs,” the court order said.

Judge Boasberg only has to clarify, and he will be in charge of the executive?

There were no dissenting votes, but the court’s three liberal justices signed onto a separate statement authored by Justice Sonia Sotomayor saying they agreed that “the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador.”

Maybe Justice Roberts could hire him as a guard:

Kilmar Abrego Garcia filing

Currently, Abrego Garcia has no legal status in the United States. The error was not providing notice and an interview.

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