The prisoner looks out of his cell as Homeland Security Director Christi Noem tours the terrorist confinement centre, or CECOT, on March 26, 2025 in Tekolka, El Salvador. (Photo: Alex Brandon-Pool/Getty Images)
WASHINGTON – The US Supreme Court on Thursday decided that the Trump administration must “promote” a Maryland man’s return to the United States after being accidentally deported to El Salvador’s infamous mega prison, but stopped calling for him to return.
The High Court said the Trump administration must try to reclaim Kilmer Armando Abrego Garcia of Bertosville, who was deported for “administrative errors” recognized by the Trump administration.
The High Court did not give the administration a date to return Abrego Garcia, saying that the deadline for the District of Columbia court order has expired. The Supreme Court also said the district court needs to clarify what that means by saying the administration “affects” the return of Abrego Garcia and that the scope of its term is “unknown” and could exceed the authority of the district court.
The Trump administration has repeatedly refused to retrieve Abrego Garcia from prison. President Donald Trump and other senior officials have alleged that Abrego Garcia is a member of the MS-13 gang, but there is no evidence and they argued that he defended his deportation despite admitting that his removal was wrong.
“We don’t want to get them back,” Trump said on April 8th. See case. “Can you imagine, you spend that time, energy, money driving them out, then there’s a judge sitting there… (No, bring him back,” he said.”
Unless Abrego Garcia is returned to the US, it is unclear how long Abrego Garcia will remain in prison, but Salvador President Naive Buquere said that under a $6 million agreement between his country and the US, the prison men will remain there for at least a year.
Bukel is scheduled to meet with Trump at the White House on Monday.
Impact on other prisoners
Thursday’s decision could affect the 238 Venezuelans deported to the same prisons, Centro de Confinamiento del Terrorismo, or CECOT.
They were sent there under the alien enemy law of 1798. Their lawyers say their lawyers denied the legitimate proceedings because they were unable to challenge removal in court.
The Supreme Court will now allow for the continued removal of Venezuelans under the alien enemy law, but those subject to the Presidential Declaration issued by Trump citing alien enemy law must give notice of their removal under wartime law and court hearings. Court cases must also be located where they are in jail.
He was arrested while driving his son
The Abrego Garcia case attracted the public’s attention when he was arrested by US immigrants and customs enforcement while driving his five-year-old son to the house. Abrego Garcia was not charged with a crime, but was arrested by ice because he “changed status.”
In 2019, Abrego Garcia was given a final removal order, but an immigration judge granted him protection from removal to his home country. According to court documents.
However, on March 15 he was placed in one of three deportation flights to El Salvador.
The Trump administration argued that Abrego Garcia is no longer in US detention and therefore cannot be returned to the US.
There is a precedent for mistakenly deporting immigrants, including US citizens. Between the 2015 and 2020 fiscal year, ICE mistakenly deported 70 US citizens who needed to be returned. 2021 US Government Accountability Bureau Report.
