In a unanimous decision on April 10, 2025, the U.S. Supreme Court addressed the wrongful deportation of Kilmar Armando Abrego Garcia to El Salvador, spotlighting a significant government error. Despite a 2019 order protecting Abrego Garcia from removal due to the risk of persecution in El Salvador, the U.S. government deported him on March 15, 2025, calling it an “administrative error.” The government claimed Abrego Garcia is part of the MS-13 gang, labeling him a threat. Abrego Garcia, who has lived peacefully in the U.S. with his family for a decade without criminal charges, denies these allegations.
On April 4, a Maryland District Court ordered the government to return Abrego Garcia by April 7. The government appealed to the Supreme Court, and the Chief Justice issued a temporary stay, allowing the deadline to lapse. The Supreme Court upheld most of the lower court’s order but ruled the deadline invalid. It sent the case back to clarify the term “effectuate,” cautioning against overstepping into the executive branch’s foreign affairs authority.
Justice Sotomayor, joined by Justices Kagan and Jackson, issued a strong statement criticizing the government’s baseless actions and its argument that courts lose power once a deportee leaves the U.S. They warned this could dangerously imply unchecked deportation powers, even for citizens, and stressed Abrego Garcia’s right to due process under U.S. and international law, including the Convention Against Torture. Though they preferred rejecting the government’s appeal outright, they supported the majority’s call for fairness.
All nine justices agreed, reflecting a unified stance balancing judicial oversight with executive deference. The case now returns to the District Court to ensure the government meets its legal obligations, reinforcing protections for individuals against unlawful deportation.