WASHINGTON (Diya TV) — The U.S. Supreme Court ruled unanimously this week that the Trump administration must take steps to facilitate the return of a Maryland man who was mistakenly deported to a notorious prison in El Salvador, rejecting the government’s request to block a lower court’s directive.
In a 9-0 decision issued Thursday, the justices affirmed that federal officials must “facilitate” the release of Kilmar Abrego Garcia, 29, who was deported last month due to what the Justice Department has called an “administrative error.” However, the court also suggested that U.S. District Judge Paula Xinis may have overstepped her authority by requiring the government to “effectuate” Garcia’s return, directing her to clarify her order with respect to executive power in foreign affairs.
Garcia, a Salvadoran national who entered the U.S. illegally as a teenager and lived in Maryland with his wife and children, was granted protection from deportation in 2019 by an immigration judge, who found he would likely face persecution from local gangs if returned to El Salvador. Despite that ruling, he was among dozens of alleged gang members flown by military transport to El Salvador’s CECOT prison — one of the world’s largest and most secretive detention centers — under a controversial U.S.-El Salvador agreement, The New York Times and BBC News reported.
The Trump administration has alleged that Garcia is affiliated with the MS-13 gang — a claim his lawyers vigorously deny. He has no criminal convictions in the U.S. or El Salvador, according to court filings.
On Friday, Judge Xinis sharply rebuked the Trump administration for failing to comply with her order to provide basic information about Garcia’s location, custodial status, and the steps being taken to bring him home.
“I’m not asking for state secrets,” Xinis said during a half-hour hearing, according to CBS News. “I’m asking a very simple question: Where is he?”
Justice Department attorney Drew Ensign told the court he had not received information that could be shared about Garcia’s status. He added that the government is still reviewing the Supreme Court’s order and considering its next steps. The department also filed a motion asking for an extension to Tuesday evening, calling the judge’s Friday morning deadline “impracticable.”
In her written order later that day, Xinis said the government “made no meaningful effort to comply” with her directive and ordered daily updates on Garcia’s status and any efforts to secure his return.
“The record in the case currently shows that despite her directive… your clients have done nothing to facilitate his return,” she told Ensign in court.
Garcia’s legal team, led by attorney Simon Sandoval-Moshenberg, has accused the administration of deliberately stalling. “They clearly didn’t comply,” he said after Friday’s hearing. “They’re playing games with their own lawyers.”
Garcia’s wife, Jennifer Vasquez Sura, a U.S. citizen, has been actively campaigning for his release. “I will continue fighting until my husband is home,” she told The New York Times.
The case has sparked national debate over judicial oversight, executive authority in foreign affairs, and immigration enforcement under Trump’s renewed crackdown. The administration argues federal courts cannot compel another sovereign nation to release a detainee, especially in matters tied to diplomatic agreements. U.S. Solicitor General Dean John Sauer argued in his appeal that only the president has the constitutional authority to handle foreign diplomacy and deportation of suspected terrorists.
Still, the Supreme Court noted that the executive branch must show what steps it has taken to comply with court directives and ensure due process for Garcia.
The high court’s unsigned opinion did not set a deadline for Garcia’s return but made clear that the government must be prepared to explain its actions — and inactions — moving forward.
The Justice Department told BBC News the ruling correctly affirms the president’s exclusive authority over foreign policy, adding, “Activist judges do not have the jurisdiction to seize control of the president’s authority.”
For now, Garcia remains in limbo at the CECOT facility while the legal and diplomatic wrangling continues.
