Washington — The Supreme Court on Thursday said the Trump administration must facilitate the release of a Maryland man mistakenly deported from custody in El Salvador, but ordered additional proceedings before a federal district court.
In an unsigned decision, the high court acknowledged that a late Monday deadline set by the district court judge to secure the return to the U.S. of Kilmar Abrego Garcia, a native of El Salvador, and paused by Chief Justice John Roberts had already passed, effectively granting the Trump administration the emergency relief it sought.
But the court said that district court’s order “properly requires the government to ‘facilitate'” Abrego Garcia’s release from Salvadoran custody 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 went on to say that the intended scope of the term “effectuate” in the lower court’s decision is unclear and may exceed its authority. The high court directed the district court to provide more clarification when the case is sent back for further proceedings.
“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 court said in an unsigned opinion. “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 three liberal justices, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, noted their respect for the court’s disposition of the application.