The United States Supreme Court has ordered President Donald Trump’s government to take steps to return Kilmar Armando Abrego Garcia, a Salvadoran immigrant who was mistakenly deported to a prison camp in El Salvador last month back to the U.S.
According to the New York Times, an unsigned order by the apex court on Thursday stopped short of ordering the Trump administration officials to return Mr Garcia to the United States, indicating that courts may not have the power to require the executive branch to do so.
Judge Paula Xinis of the Federal District Court in Maryland had last week ordered that Mr Garcia must be returned to the United States by Monday after the Trump administration acknowledged their mistake in the process that saw the victim deported to the notorious Terrorism Confinement Centre in El Salvador.
Ms Xinis’ ruling prompted the Trump administration to approach the Supreme Court for intervention in the case, with the government arguing it would be difficult to facilitate Mr Garcia’s return to the States.
Although the Supreme Court did not explicitly order the repatriation of Mr Garcia from El Salvador, the apex court endorsed part of a trial judge’s order requiring the government to “facilitate and effectuate the return” of Mr Garcia.
“The order properly requires the government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador 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 said in the ruling.
The court added, “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”
The case will now return to the trial court, and it is not clear whether and when Mr Garcia will be returned to the United States.
“As the Supreme Court correctly recognised, it is the exclusive prerogative of the president to conduct foreign affairs,” a Department of Justice spokesman said.
“By directly noting the deference owed to the executive branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy.”
Meanwhile, Andrew Rossman, one of Mr Garcia’s lawyers, expressed satisfaction with the Supreme Court’s action, stating, “The rule of law won today. Time to bring him home.”
