In a unanimous 9-0 ruling, the U.S. Supreme Court has directed the federal government to take action to return Abrego Garcia, a Maryland resident, who was unlawfully deported to El Salvador despite a standing court order barring his removal. The case marks a significant moment in the ongoing debate over the limits of executive authority in immigration enforcement and the role of the judiciary in protecting due process rights.

Abrego Garcia, a Salvadoran national, was mistakenly removed from the United States and sent to El Salvador's controversial “mega-prison,” officially known as the Centre for the Confinement of Terrorism (CECOT). This facility is infamous for its harsh conditions and has been the subject of international human rights concerns. Garcia, who had previously been granted protection from deportation by an immigration judge due to a credible fear of persecution in El Salvador, was nonetheless deported as part of a mass transfer operation involving multiple individuals placed on military aircraft.

The federal government acknowledged that Garcia's deportation occurred due to an “administrative error,” yet challenged a district court's order requiring officials to “facilitate and effectuate” his return. The government argued that such an order intruded on the President's exclusive authority over foreign policy and national security matters.

In siding with the district court, the Supreme Court rejected the government's position and upheld the lower court's ability to order corrective action when an individual has been wrongfully removed in violation of a judicial stay. The justices affirmed that the government must work to release Garcia from foreign custody and ensure that his immigration case proceeds as it would have if the error had not occurred.

While the Court acknowledged the executive branch's primary role in conducting foreign affairs, it emphasized that courts have an obligation to enforce legal protections and uphold constitutional rights—even in the realm of immigration enforcement. The Court further asked the district judge to clarify the scope of the original order, particularly concerning how far the U.S. government must go to “effectuate” Garcia's return.

The case will now return to the trial court for further proceedings, though no firm timeline has been set for Garcia's return to the United States.

At Saluja Law, we view this ruling as a vital affirmation of judicial oversight and the importance of legal safeguards for immigrants facing deportation. Administrative errors in immigration can have life-threatening consequences. When those errors result in unlawful removals, the legal system must be empowered to intervene and correct the harm done.

Abrego Garcia's story is a stark reminder that due process must never be sacrificed in the name of expediency. Saluja Law remains committed to fighting for fairness, accountability, and the rights of all individuals navigating the complexities of the U.S. immigration system.