On March 12, Kilmar Abrego Garcia was driving home with his young son in Maryland when US Immigration and Customs Enforcement (ICE) agents stopped him. They took him into custody and transferred him to detention facilities in Louisiana and Texas. Three days later, without any legal process or hearing, Garcia was suddenly in his native El Salvador, incarcerated in a notorious prison known for housing gang members.
The government has claimed that Garcia’s deportation was due to an “administrative error,” but he remains in prison as legal battles unfold. A Maryland court ordered Garcia’s return to the US, but the Trump administration has argued that it cannot compel El Salvador to return him. Furthermore, they contend that the judge issuing the order did not have the authority to do so.
On Monday, the Supreme Court placed a temporary hold on the lower court’s decision while it reviews the case.
Immigration experts warn that the outcome of this case could have significant implications for the future of immigration in the US. If the Trump administration’s position were to prevail, it could effectively allow the government to bypass due process, leading to the possibility that anyone could be deported without any legal recourse.
Maureen Sweeney, director of the Chacón Center for Immigrant Justice at the University of Maryland, told the BBC, “If the US Supreme Court were to accept [the Trump administration’s] position, it would completely eviscerate any rule of law in the immigration process. Because they could pick up anybody, at any time, and send them anywhere with no repercussions whatsoever.”
The Trump Administration’s Pushback
US District Judge Paula Xinis filed a ruling on Sunday, stating that ICE violated the Immigration and Nationality Act when it deported Garcia to El Salvador. She ordered that the US must bring Garcia back by midnight on Monday. The Fourth Circuit Court of Appeals upheld the decision, emphasizing that the US government had no legal right to “snatch a person who is lawfully present in the United States off the street.”
Despite this, the Trump administration has argued that it is unable to comply with the order. US Solicitor General D. John Sauer wrote in an appeal to the Supreme Court that neither a federal district court nor the US government has the authority to tell El Salvador what to do.
Nicole Hallett, a professor at the University of Chicago Law School, countered that while US district judges cannot directly order El Salvador to act, they can compel the US government to ensure Garcia’s return. She also noted that the US has previously facilitated the return of individuals mistakenly deported.
Hallett further pointed out that the US and El Salvador share an agreement under which the US pays El Salvador $6 million to house detainees, making it more plausible for Garcia to be released. “It’s almost as if the Salvadoran government is acting as an agent of the US government,” Hallett said.
Garcia’s lawyers argue that because El Salvador is detaining him “at the direct request and pursuant to financial compensation” from the US, the court could compel the US government to request his return.
However, the Department of Justice has resisted such calls. Attorney General Pam Bondi stated on Tuesday that the deportation was due to an administrative error, but she maintained that Garcia was associated with a gang and should remain in El Salvador.
Garcia’s Background
Garcia is one of 238 Venezuelans and 23 Salvadorans deported under the Trump administration to El Salvador’s mega-prison, which is infamous for housing alleged gang members. The government has claimed that Garcia was a member of the MS-13 gang, but Garcia’s lawyer insists that he has never been involved with any criminal organization and has never been charged with a crime.
In fact, Garcia had a “withholding of removal” order in place, meaning that the US government could not deport him to El Salvador because doing so would put him at risk of harm. This order was granted in 2019 after Garcia testified about being a victim of gang violence in El Salvador during his youth. His wife, Jennifer Vasquez Sura, wrote in an affidavit that Garcia fled to the US to escape the gang violence.
Garcia’s case is complicated further by the Trump administration’s ongoing allegations about his gang affiliations. Judge Xinis noted that the government has failed to provide evidence to substantiate these claims, and it has not presented a valid removal order or warrant.
A Supreme Court Showdown Looms
The Trump administration continues to press its case to the Supreme Court, which could become a battleground for the future of US immigration policies. On Monday, Chief Justice John Roberts issued an administrative stay, temporarily halting the lower court’s ruling while the Court considers the government’s appeal.
President Trump celebrated this stay as a victory, asserting on Truth Social that it would help him “secure our borders, and protect our families and our country.”
For immigration lawyers, the case has far-reaching implications. Amelia Wilson, director of the Immigration Justice Clinic at Pace University, stated, “If the Trump administration is trying to remove these individuals by bypassing the immigration courts, there’s a direct and obvious line between what they’re doing, and an effort by the administration to completely usurp judicial and due process.”
As the case moves through the legal system, many are watching closely to see whether the Supreme Court will uphold the Trump administration’s position, which could reshape the future of deportation practices in the US.
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Written By Elegbe Theodore