The Supreme Court of the United States has temporarily halted the return to U.S. territory of Kilmar Ábrego García, a Salvadoran immigrant who was deported by mistake and confined in one of the most feared prisons in El Salvador.
The decision responds to an emergency appeal filed by the Department of Justice following the order from U.S. District Judge Paula Xinis, who had mandated that the federal government “facilitate and carry out” his return before midnight on Monday.
The suspension was signed by the Chief Justice, the conservative John Roberts, who also requested that the parties submit additional arguments by 5:00 p.m. this Tuesday, Washington time.
This judicial maneuver extends the deadline granted by the lower court, which temporarily prevents the execution of the migrant's repatriation.
An "administrative error" that led a man with no prior record to a maximum-security prison
Ábrego García, 29 years old, resided in Prince George's County, in the state of Maryland.
He was married to a U.S. citizen, had legal work permission issued by the Department of Homeland Security, and worked as a tin roofing apprentice.
According to his lawyers, he had no criminal record.
However, he was detained by agents of the Immigration and Customs Enforcement (ICE) on March 12, under the argument of a change in his immigration status.
Despite a judge's ruling in 2019 that prohibited his deportation—due to the risk he would face if he returned to El Salvador from potential gang reprisals—he was put on one of three flights that on March 15 transported more than 200 Venezuelans and dozens of Salvadorans to the Central American country.
There, he was admitted to the Counterterrorism Confinement Center (CECOT), a maximum-security prison known for housing members of criminal gangs.
During a court hearing, the government itself acknowledged the mistake.
A lawyer from the Department of Justice admitted that Ábrego García should not have been deported, and subsequently, the Attorney General, Pam Bondi, suspended lawyer Erez Reuveni from his duties, as he was involved in the case.
The government's defense: Separation of powers and executive authority
The U.S. government has argued that Judge Xinis exceeded her authority.
In his appeal, he argued that the Constitution grants the president, not the federal district courts, the authority to conduct foreign policy and protect the country from threats, including the deportation of suspected terrorists.
The Attorney General D. John Sauer was emphatic in labeling the court order as "manifestly illegal," describing it as part of "a flood of illegal court orders" that hindered President Donald Trump's immigration agenda.
In this context, the government argued that since Ábrego García was no longer in U.S. custody, it could not compel the Executive to arrange for his return.
The response of the courts: Illegality and violation of rights
However, both Judge Xinis and the Fourth Circuit Court of Appeals, based in Richmond, Virginia, hold an opposing stance.
For Xinis, the deportation was "totally illegal," as there is no credible evidence that Ábrego García belongs to the MS-13 gang, as claimed by the White House.
Judge J. Harvie Wilkinson, in unanimously endorsing the refusal to suspend the return order, wrote: "There is no doubt that the government made a mistake here."
The migrant's lawyers warned that the case could set a serious precedent if the Executive is allowed to ignore judicial rulings.
“The executive power cannot apprehend individuals from the streets, place them in foreign prisons in violation of court orders, and then invoke the separation of powers to shield its illegal actions from judicial scrutiny”, they wrote.
This case is not isolated. Concurrently, the Trump Administration has asked the Supreme Court for permission to resume the deportations of Venezuelan immigrants allegedly linked to gangs, also headed to CECOT.
To justify this measure, they invoke an 18th-century law used during times of war.
La insistencia en usar esta prisión salvadoreña como destino para presuntos pandilleros, sin juicio ni verificación previa, refuerza la tensión entre las decisiones judiciales y la política migratoria del Ejecutivo.
Frequently asked questions about the wrongful deportation of Kilmar Ábrego García
Why was Kilmar Ábrego García deported to El Salvador?
Kilmar Ábrego García was deported to El Salvador due to an "administrative error" by the Immigration and Customs Enforcement (ICE). Despite having legal protection in the United States, he was mistakenly placed on a deportation flight and sent to a maximum-security prison in El Salvador.
What measures have been taken to correct the error in the deportation of Ábrego García?
Federal judge Paula Xinis ordered the U.S. government to "facilitate and carry out" Ábrego García's return to the United States. However, the U.S. Supreme Court temporarily suspended the return while further arguments regarding the case are presented.
What is the position of the United States government on this case?
The United States government asserts that Judge Xinis exceeded her authority by ordering the return of Ábrego García, arguing that the handling of immigration policy falls under the executive branch's jurisdiction. Furthermore, the government has claimed that it cannot be compelled to arrange his return, as Ábrego García is outside of its custody.
What risks does Kilmar Ábrego García face in El Salvador?
Ábrego García, who has no criminal record and was protected against deportation due to possible gang retaliation, faces a high risk of violence in El Salvador. He is currently held at the Terrorism Confinement Center (CECOT), known for housing members of criminal gangs.
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