The Supreme Court on Thursday upheld a lower court ruling ordering that an illegal immigrant who was accidentally deported to El Salvador’s mega prison be returned to the United States, as well as given due process of law upon return.
The court required the government to “facilitate” the release of Kilmar Armando Abrego Garcia from custody in El Salvador and ensure that his case “is handled as it would have been had he not been improperly sent to El Salvador,” the opinion stated.
“It has been the Government’s own well-established policy to ‘facilitate [an] alien’s return to the United States if … the alien’s presence is necessary for continued administrative removal proceedings’ in cases where a noncitizen has been removed pending immigration proceedings,” the court said.
The Supreme Court also asked for clarification from the ruling District Court.
“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 justices stated. “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 Trump administration should also be prepared to share what steps it has taken to return Abrego Garcia, and what steps it plans to take, according to the ruling.
Further into their opinion, the justices specifically state that Abrego Garcia must be provided with “due process of law,” including the reception of notice and opportunities to be heard in future proceedings.
This ruling was issued three days after Chief Justice John Roberts temporarily blocked the lower court’s order as the Trump administration appealed the case.
Abrego Garcia entered the United States illegally around 2011, according to court papers. In 2019, an immigration judge issued an order prohibiting his return to El Salvador due to a clear probability that upon his return he would face persecution from a gang.
He was arrested on March 12 by a division of Immigration and Customs Enforcement (ICE). Officials cited his “prominent role” in the MS-13 gang. He was placed on a deportation flight on March 15, with the manifest failing to indicate that he had been granted protection from removal to El Salvador.
“Through administrative error, Abrego-Garcia was removed from the United States to El Salvador,” ICE official Robert Cerna II said in the filing. “This was an oversight, and the removal was carried out in good faith based on the existence of a final order of removal and Abrego-Garcia’s purported membership in MS-13.”
Abrego Garcia’s attorneys argued that there was no credible evidence to prove that he is part of the MS-13 gang.
The federal government, however, upheld the argument that he is a gang member, and that it lacked the power to correct the mistake now that he was in a foreign country.
The Supreme Court recognized the 2019 ruling, and rejected the government’s chief argument.
“The only argument the Government offers in support of its request, that United States courts cannot grant relief once a deportee crosses the border, is plainly wrong,” Justices Sotomayor, Kagan, and Jackson wrote in their opinion.
“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene.That view refutes itself.”
It is unclear at this time when Abrego Garcia will be returned to U.S. soil.
Tom Ozimek contributed to this report.
From The Epoch Times
