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BumRushDaShow

(150,860 posts)
Thu Apr 10, 2025, 06:54 PM Apr 10

Supreme Court rules U.S. must facilitate return of Kilmar Abrego Garcia from El Salvador

Source: CNBC

Published Thu, Apr 10 2025 6:52 PM EDT Updated 9 Min Ago


The Supreme Court on Thursday upheld a lower court order that the Trump administration must “facilitate” the return of Kilmar Abrego Garcia, a Maryland man who was forcibly and wrongly deported to El Salvador, where he is in a notorious prison. But the Supreme Court in its decision told a Maryland federal district court judge to clarify his order last week that the administration “effectuate” the return of Abrego Garcia.

The decision also directed the Trump administration, who accuses Abrego Garcia of being a gang member, to prepare “to share what it can concerning the steps it has taken and the prospect of further steps” related to his possible return. Abrego Garcia’s lawyer, Andrew Rossman, in an email to NBC News, wrote, “The rule of law won today.” “Time to bring him home,” Rossman wrote.

The Trump administration had opposed the order to return the El Salvador native, who is married and has three children with special needs, even after acknowledging that he “was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal,” the Supreme Court noted in its ruling.

The Supreme Court decision is a major rebuke to the administration, which, since the return of President Donald Trump to the White House, has made the forcible deportation of purported gang members a top priority.

Read more: https://www.cnbc.com/2025/04/10/supreme-court-trump-kilmar-abrego-garcia.html



Link to ORDER (PDF) - https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf

Article updated.

Previous articles/headline -

Supreme Court upholds judge's order that U.S. should facilitate return of man deported to El Salvador

Published Thu, Apr 10 2025 6:52 PM EDT Updated 3 Min Ago


The Supreme Court on Thursday upheld a lower court order that the Trump administration "facilitate" the return of Kilmar Abrego Garcia, a Maryland man who was forcibly deported to El Salvador, where he is in prison.

But the Supreme Court in its decision told a federal district court judge in Maryland to clarify his order last week that the administration "effectuate" the return of Abrego Garcia.

The Trump administration had opposed the order to return Abrego Garcia even after acknowledging that he "was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal," the Supreme Court noted in its ruling.

Abrego Garcia, who is a native of El Salvador, was detained by Immigration and Customs Enforcement agents in Maryland on March 12, and was deported three days later.


Published Thu, Apr 10 2025 6:52 PM EDT Updated 1 Min Ago


The Supreme Court on Thursday upheld a lower court order that the Trump administration "facilitate" the return of Kilmar Abrego Garcia, a Maryland man who was forcibly deported to El Salvador, where he is in prison. But the Supreme Court in its decision told a federal district court judge in Maryland to clarify his order that the administration "effectuate" the return of Abrego Garcia.

The Trump administration had opposed the order to return Abrego Garcia even after acknowledging that he "was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal," the Supreme Court noted in its ruling.

Abrego Garcia, who is a native of El Salvador, was detained by Immigration and Customs Enforcement agents in Maryland on March 12, and was deported three days later.

The Justice Department said his removal was due to an "administrative error." But Justice Department lawyers also said Abrego Garcia had been found to be a member of the notorious gang MS-13, which the United States has designated as a foreign terrorist organization.



Published Thu, Apr 10 2025 6:52 PM EDT Updated 1 Min Ago


The Supreme Court on Thursday upheld a lower court order that the Trump administration "facilitate" the return of Kilmar Abrego Garcia, a Maryland man who was forcibly deported to El Salvador, where he is in prison.


This is breaking news. Please refresh for updates.



Original article -

Published Thu, Apr 10 2025 6:52 PM EDT


This is breaking news. Please refresh for updates.
82 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Supreme Court rules U.S. must facilitate return of Kilmar Abrego Garcia from El Salvador (Original Post) BumRushDaShow Apr 10 OP
Bout gawd damn time they DO THE RIGHT THING. a kennedy Apr 10 #1
AGREE!! but i fear it's bluestarone Apr 10 #3
Agree. wordstroken Apr 10 #38
What's the breakdown? montanacowboy Apr 10 #2
'what does facilitate mean?' speak easy Apr 10 #13
I'm thinking it's a word that these asshole will play with bluestarone Apr 10 #24
Don't know but when I first read it the word that came to mind Tadpole Raisin Apr 10 #28
The U.S. cannot legally order El Salvador to release Garcia from prison. speak easy Apr 10 #33
They can quit paying them if they don't return him ToxMarz Apr 10 #42
I just saw a cnn clip where the legal analysts called the decision 'mushy' Tadpole Raisin Apr 10 #48
Bullshit decision. They quibbled with "effectuate" (actually return) pat_k Apr 10 #50
No one seems to notice this. Scrivener7 Apr 10 #55
I assume it would refer to the negotiations that would be required to release him from prison. Martin68 Apr 11 #69
9 to 0 Pototan Apr 10 #14
The Supreme Court will require the Trump administration to "facilitate" the return of Kilmar Abrego Garcia. LetMyPeopleVote Apr 10 #4
A victory for the rule of law. LetMyPeopleVote Apr 10 #5
Hanania is a creepy far right nutjob SouthBayDem Apr 10 #18
The quote from the SCOTUS opinion in that post was accurate and helpful LetMyPeopleVote Apr 10 #20
Still a rightwing source... you should delete and replace with 100 other folks on X who aren't white supremacists WarGamer Apr 10 #52
Well duh....... groundloop Apr 10 #6
"But the Supreme Court in its decision told a federal district court judge in Maryland to clarify his order sop Apr 10 #7
I'll do it for them... Marie Marie Apr 10 #25
"The boy is alive...and we're going to send someone, to get him the hell out of there" - 'Saving Kilmar Abrego Garcia' sop Apr 10 #27
I think it is just the opposite. SomewhereInTheMiddle Apr 11 #60
You're likely right, there's quite a bit of difference between "effectuate" and "facilitate." sop Apr 11 #61
Supreme Court says Trump admin must 'facilitate' release of man wrongly deported to El Salvador prison LetMyPeopleVote Apr 10 #8
No dissenting votes! NH Ethylene Apr 10 #16
Sweet Jesus! I always thought that's what the Constitution meant and any American would want bucolic_frolic Apr 10 #9
Good news. I do hope he is ok. brer cat Apr 10 #10
I fear he is in terrible physical condition, IF he is still even alive IrishBubbaLiberal Apr 10 #32
A 9-0 Supreme Court UPHOLDS a court order requiring the Trump administration to bring Garcia, back to the US LetMyPeopleVote Apr 10 #11
When Shitler has lost Clarence Thomas, he has really gone full fascist. SunSeeker Apr 10 #34
the more they drag their feet NJCher Apr 10 #12
This should have been ruled on immediately, and why it was delayed is bullshit. JohnSJ Apr 10 #15
And I guarantee, this "facilitate" vs. "effectuate" bullshit will cause further delays. Scrivener7 Apr 10 #54
I'm sure the Trump administration will get right on it. progressoid Apr 10 #17
I hope the people who were so sure the Supreme Court would NEVER rule against Trump Wiz Imp Apr 10 #19
I'm a person who focuses not just on a "summarizing" of a decision moniss Apr 10 #31
Sadly, you're right. nt SunSeeker Apr 10 #35
This message was self-deleted by its author druidity33 Apr 10 #44
This message was self-deleted by its author druidity33 Apr 10 #39
Really chicago guy Apr 10 #21
I think I'm gonna faint. MLWR Apr 10 #22
So- let me get this right- James48 Apr 10 #23
I pray that the best people in Congress pick up on this and start impeachment immediately. wordstroken Apr 10 #43
Good thing the Courts are open and the focus... yowzayowzayowza Apr 10 #26
Excellent, but since when does this regime listen to the law? AllyCat Apr 10 #29
I hope El Salvador asks for a replacement felon and they send Krasnov in trade. Wonder Why Apr 10 #30
9-0 et tu Apr 10 #36
Deadline: Legal Blog-Supreme Court says Trump officials must 'facilitate' release of wrongly deported man LetMyPeopleVote Apr 10 #37
The US is paying El Salvador to hold each of these prisoners AdamGG Apr 10 #40
My thought was that since we are illegally paying them to take these people BumRushDaShow Apr 11 #59
Finally some hope! Now let's see if this is the start of SCOTUS moving in the right direction on behalf of the people wordstroken Apr 10 #41
ding. this. AllaN01Bear Apr 10 #45
Yay! for the law! Now, get him back here alive and in one piece! Please please please!!! liberalla Apr 10 #46
Really glad (and surprised) to hear this n/t Alice Kramden Apr 10 #47
Supreme Court, they, meaning Roberts, Alito, Thomas, Kavanaugh and Gorsuch Butterflylady Apr 10 #49
Rump will fire them all tavernier Apr 10 #51
He'll be there for another year while they work out what "facilitate" means. Scrivener7 Apr 10 #53
Jail Trump for contempt MichMan Apr 10 #56
. When the law is just a political tool, it is no longer the law, Linda Ed Apr 11 #57
My entire MD Congressional delegation BlueMTexpat Apr 11 #58
No damn way he's the only one down there illegally. No fucking way............ Bengus81 Apr 11 #62
The trial court is moving fast to get answers LetMyPeopleVote Apr 11 #63
He's going to tell them to fuck off orangecrush Apr 11 #64
The bad faith stalling has begun LetMyPeopleVote Apr 11 #65
Abrego Garcia opposes govt motion to postpone. LetMyPeopleVote Apr 11 #66
Trump doesn't want this guy back hitting the talk shows and going to protest events Bengus81 Apr 11 #74
JUST IN: Judge Xinis *grants* the government a partial extension ... to 11:30 AM. LetMyPeopleVote Apr 11 #67
It's a relief that SCOTUS finally upheld a foundational principle of the Constitution. The fact Martin68 Apr 11 #68
Yeah, but it means little until Fil1957 Apr 11 #70
Judge scolds DOJ for demanding delay in mistakenly deported man case LetMyPeopleVote Apr 11 #71
BREAKING: DOJ says it won't comply with Judge Xinis' order because the deadline she set is "impracticable." LetMyPeopleVote Apr 11 #72
Quinn Emanuel is the most feared law firm in litigation and can immediately file a motion for a ruling of contempt ancianita Apr 11 #75
I'd like to know what the hell the hold up is HereForTheParty Apr 11 #78
I hear ya. Xinis seems to be giving in to more due process for the govt than to save Garcia's life. ancianita Apr 11 #80
WTF.............. Lovie777 Apr 11 #76
How it going ? republianmushroom Apr 11 #73
One doubtful idea Shoonra Apr 11 #77
Start holding your breath now as to whether it will be done. elocs Apr 11 #79
So it's up to El Salvador now madville Apr 11 #81
Where is Kilmer? xuplate Apr 11 #82

bluestarone

(19,577 posts)
24. I'm thinking it's a word that these asshole will play with
Thu Apr 10, 2025, 08:09 PM
Apr 10

Just to stall longer!! They will stall.

Tadpole Raisin

(1,741 posts)
28. Don't know but when I first read it the word that came to mind
Thu Apr 10, 2025, 08:30 PM
Apr 10

was wishy washy. Like yah you have to bring him back but we’re not all that concerned about when how or where.

It was like they didn’t want to do it but couldn’t find an off ramp to let the administration off the hook probably because their argument had Swiss cheese holes in it.

Wishy washy!!

speak easy

(11,382 posts)
33. The U.S. cannot legally order El Salvador to release Garcia from prison.
Thu Apr 10, 2025, 08:41 PM
Apr 10

They can make them an offer, including offering transport.

(In reality, they can make an offer they cant refuse)

ToxMarz

(2,356 posts)
42. They can quit paying them if they don't return him
Thu Apr 10, 2025, 09:12 PM
Apr 10

Or slap 'em with some tariffs. He wasn't wanted by El Salvador in the first place. It was a business transaction. What do they care either way as long as it's profitable.

Tadpole Raisin

(1,741 posts)
48. I just saw a cnn clip where the legal analysts called the decision 'mushy'
Thu Apr 10, 2025, 09:41 PM
Apr 10

and tried to make sense out of it so it appears there is something off. It will be interesting to see how it is reviewed over the next 24-48 hours. These people are seasoned wordsmiths and the vibe I got (can’t believe I used that word) was that they just didn’t want to be more direct.

Maybe that’s what it took to get a 9-0 decision. It certainly showed zero urgency. Anyway the ball is in the administration’s court and I bet they’ll drag their feet. Terrible that this man has to be used in such a horrible political football.

pat_k

(11,143 posts)
50. Bullshit decision. They quibbled with "effectuate" (actually return)
Thu Apr 10, 2025, 10:12 PM
Apr 10

They left a loophole big enough to drive a truck through. They basically said ordering his actual return "may exceed" the courts authority

The poor man is not on his way home anytime soon, if ever.


...On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Government to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.” ...

. 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 District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps
.

Martin68

(25,449 posts)
69. I assume it would refer to the negotiations that would be required to release him from prison.
Fri Apr 11, 2025, 11:33 AM
Apr 11

No country would do the immediately when asked to do so. The assumption would be that due process led too his imprisonment, and that due process is required to release him.

Pototan

(2,545 posts)
14. 9 to 0
Thu Apr 10, 2025, 07:36 PM
Apr 10

who knows what the court means be "facilitate". I would assume that means "bring him back" but Trump's Justice Dept. could make it mean anything.

LetMyPeopleVote

(161,698 posts)
4. The Supreme Court will require the Trump administration to "facilitate" the return of Kilmar Abrego Garcia.
Thu Apr 10, 2025, 07:02 PM
Apr 10

SouthBayDem

(32,587 posts)
18. Hanania is a creepy far right nutjob
Thu Apr 10, 2025, 07:42 PM
Apr 10

Or was Trump II a bridge too far right for him?

Between 2008 and the early 2010s, Hanania wrote for alt-right and white supremacist publications under the pseudonym Richard Hoste.[6][7] He acknowledged and disavowed his writing under the pseudonym when it was reported in 2023.[6][5] A number of journalists have said that Hanania continues to make racist statements under his own name.[4][8][5][7]

Hanania was a contributor to Project 2025 relating to DEI (diversity, equity, and inclusion),[9][10][11] but has since become more critical of 2nd Trump administration and the MAGA movement.[9] He wrote The Origins of Woke and publishes his newsletter on Substack.


https://en.wikipedia.org/wiki/Richard_Hanania

LetMyPeopleVote

(161,698 posts)
20. The quote from the SCOTUS opinion in that post was accurate and helpful
Thu Apr 10, 2025, 07:48 PM
Apr 10

I was not citing this person for any opinion or argument.

WarGamer

(16,933 posts)
52. Still a rightwing source... you should delete and replace with 100 other folks on X who aren't white supremacists
Thu Apr 10, 2025, 10:25 PM
Apr 10

groundloop

(12,767 posts)
6. Well duh.......
Thu Apr 10, 2025, 07:06 PM
Apr 10

And of course the big question is whether or not tRump simply ignores this ruling, and what happens if/when he does.

sop

(13,727 posts)
7. "But the Supreme Court in its decision told a federal district court judge in Maryland to clarify his order
Thu Apr 10, 2025, 07:06 PM
Apr 10

that the administration 'effectuate' the return of Abrego Garcia." It would appear the Supreme Court is telling the federal district court judge to use more direct language so Trump can't ignore the order.

Marie Marie

(10,147 posts)
25. I'll do it for them...
Thu Apr 10, 2025, 08:11 PM
Apr 10

Bring him the Fuck home right Fucking now, you moronic criminals. Is that clear enough?

sop

(13,727 posts)
27. "The boy is alive...and we're going to send someone, to get him the hell out of there" - 'Saving Kilmar Abrego Garcia'
Thu Apr 10, 2025, 08:21 PM
Apr 10
60. I think it is just the opposite.
Fri Apr 11, 2025, 05:17 AM
Apr 11

From the article -

“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 ruling said.


I think they were saying a District Court cannot demand the Executive "effectuate" (actually do something) but only "facilitate" (try real hard, pretty please).

But I could be wrong.

sop

(13,727 posts)
61. You're likely right, there's quite a bit of difference between "effectuate" and "facilitate."
Fri Apr 11, 2025, 07:41 AM
Apr 11

Effectuate, put into force or operation; facilitate, make an action or process easy or easier. The judge's choice of words in the "clarified" ruling will be interesting.

LetMyPeopleVote

(161,698 posts)
8. Supreme Court says Trump admin must 'facilitate' release of man wrongly deported to El Salvador prison
Thu Apr 10, 2025, 07:09 PM
Apr 10
https://www.nbcnews.com/politics/supreme-court/supreme-court-trump-admin-must-facilitate-release-kilmar-abrego-garcia-rcna200284
https://bsky.app/profile/mommamia.bsky.social/post/3lmim5moezs2s


https://www.nbcnews.com/politics/supreme-court/supreme-court-trump-admin-must-facilitate-release-kilmar-abrego-garcia-rcna200284

WASHINGTON — The Supreme Court on Thursday said that the Trump administration is required to "facilitate" the release of a Maryland man who was wrongly deported to an El Salvador prison.

The court partly granted and partly rejected an emergency request filed by the Justice Department contesting a judge’s order that Kilmar Abrego Garcia be retrieved from a prison in El Salvador where he was sent on March 15 along with alleged Venezuelan gang members.

The decision means the administration does not immediately have to try to return Abrego Garcia to the United States because a judge-imposed deadline has already expired but "should be prepared to share what it can concerning the steps it has taken and the prospect of further steps," the unsigned decision said.

The district court judge may have exceeded her authority in saying the government had to not just "facilitate" but also "effectuate" Abrego Garcia's return, the court added. The judge has to "clarify its directive, with due regard to the deference owed to the executive branch in the conduct of foreign affairs," the court order said.

There were no dissenting votes, but the court's three liberal justices signed onto a separate statement authored by Justice Sonia Sotomayor saying they agreed that "the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador."

NH Ethylene

(31,097 posts)
16. No dissenting votes!
Thu Apr 10, 2025, 07:40 PM
Apr 10

Does that mean the right-wing justices will actually stand up for the Constitution and not let the US degrade into a dictatorship? Hopefully it's not too late.

bucolic_frolic

(49,809 posts)
9. Sweet Jesus! I always thought that's what the Constitution meant and any American would want
Thu Apr 10, 2025, 07:10 PM
Apr 10

Is sanity beginning to take root?

IrishBubbaLiberal

(1,365 posts)
32. I fear he is in terrible physical condition, IF he is still even alive
Thu Apr 10, 2025, 08:39 PM
Apr 10

Trump Regime doesn’t want this man on TV in America.

Hopefully he is still alive,
AND hopefully he will be in numerous interviews broadcast in
the news media.

He will indeed sue all the parties involved in his illegal kidnapping
AND for his illegal transport to another country’s notorious prison
Without due process

LetMyPeopleVote

(161,698 posts)
11. A 9-0 Supreme Court UPHOLDS a court order requiring the Trump administration to bring Garcia, back to the US
Thu Apr 10, 2025, 07:17 PM
Apr 10

NJCher

(39,749 posts)
12. the more they drag their feet
Thu Apr 10, 2025, 07:25 PM
Apr 10

the more material this guy has for a book. He needs to get professional counsel in the publishing world so he can get a sizable advance.

The reason they are doing nothing to bring him back is there is going to be one helluva story to tell here. This story is full of secrets and I suspect it has a lot to do with the fact that they thought they were going to make huge amounts housing immigrants/prisoners with our U.S. tax dollars. They ignored the fact that it's frightfully expensive to round up immigrants. 60" did a story on it.

They probably had a deal with the El Salvadoran prison officials to kick back to trump.

Known to be one of the world's most notorious prisons, he'll have a quite a story to tell about CECOT (acronym for Terrorism Confinement Centre in Spanish).

This is one of their scams that was an embarrassing mistake. Instead of doing a 180, they'll drag their feet and make it even more damning.

Scrivener7

(55,349 posts)
54. And I guarantee, this "facilitate" vs. "effectuate" bullshit will cause further delays.
Thu Apr 10, 2025, 10:32 PM
Apr 10

progressoid

(51,266 posts)
17. I'm sure the Trump administration will get right on it.
Thu Apr 10, 2025, 07:41 PM
Apr 10

Just like they re-united the kids with their parents

Wiz Imp

(4,732 posts)
19. I hope the people who were so sure the Supreme Court would NEVER rule against Trump
Thu Apr 10, 2025, 07:46 PM
Apr 10

are paying attention. Not only a loss for Trump but by 9-0.

Now remember there are dozens cases filed since January 20 that could atill eventually end up before the Supreme Court. Not all of them will and some that do may still get a ruling favorable to Trump, but this is a sign that they are not just a rubber stamp and hopefully the most egregious offenses by this administration will be overturned.

moniss

(7,048 posts)
31. I'm a person who focuses not just on a "summarizing" of a decision
Thu Apr 10, 2025, 08:35 PM
Apr 10

but the actual wording. That word "facilitate" is a word with a great deal of latitude. Simply sending an inquiry and noting that a plane is available could be argued as "facilitating". The word does not mean you must make it happen. If it were that clear then they could have said "must effect his return" or similar wording.

This will now go back to the lower court where weeks of briefings etc. are likely and then DOJ may very well appeal the revised order to the SC. It depends on how long they want to drag this out. Lawyers will after all argue over the meaning of the word "is".

Response to moniss (Reply #31)

Response to Wiz Imp (Reply #19)

chicago guy

(42 posts)
21. Really
Thu Apr 10, 2025, 08:00 PM
Apr 10

We all make mistakes only assholes defend mistakes really persons admit mistakes and fix the mistake and apologize

James48

(4,804 posts)
23. So- let me get this right-
Thu Apr 10, 2025, 08:05 PM
Apr 10

The U.S. Supreme Court found that the Trump Administration BROKE THE LAW when it sent him to El Salvador.

Is that enough of a high crime to impeach?

Asking for a friend.

wordstroken

(1,057 posts)
43. I pray that the best people in Congress pick up on this and start impeachment immediately.
Thu Apr 10, 2025, 09:25 PM
Apr 10

Please, dear goddess.

AllyCat

(17,800 posts)
29. Excellent, but since when does this regime listen to the law?
Thu Apr 10, 2025, 08:33 PM
Apr 10

They don’t want Kilmar back because he will talk to the media.

LetMyPeopleVote

(161,698 posts)
37. Deadline: Legal Blog-Supreme Court says Trump officials must 'facilitate' release of wrongly deported man
Thu Apr 10, 2025, 08:52 PM
Apr 10

I love the Deadline Legal Blog-“He sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake,” Kilmar Abrego Garcia’s lawyers said.
https://bsky.app/profile/tanyashklyarov.bsky.social/post/3lmiqvbmcck2y



https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-ruling-deported-el-salvador-trump-abrego-garcia-rcna200107

The Supreme Court said Thursday that the Trump administration must “facilitate” the release of a man the government admitted it wrongly deported to El Salvador, sending the case back to the judge who ordered his return for further clarification of her order and leaving the ultimate fate of the case unclear.

After the Trump administration admitted that it had wrongly deported Kilmar Abrego Garcia to El Salvador, a federal judge in Maryland had ordered the government to “facilitate and effectuate” his return by 11:59 p.m. Monday, April 7. A federal appellate panel declined the administration’s request to halt the judge’s order, but Chief Justice John Roberts temporarily granted the request on the afternoon of that midnight deadline, pending further word from him or the full high court.

That word came Thursday with an order that said the judge had properly required 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. But the order also said that the “intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” adding: “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”

In statement accompanying Thursday’s order, the court’s three Democratic appointees said they would’ve declined to intervene in this litigation and effectively held the government to the judge’s directive.

“Nevertheless, I agree with the Court’s order that the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador,” Justice Sonia Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson. “That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard, in any future proceedings.”

“In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law,” Sotomayor added, with “remand” referring to the process of a case being sent back to a lower court......

Notably, the Supreme Court majority said in that case that people facing deportation under the Alien Enemies Act are still entitled to due process. In a filing to the justices on Tuesday, Abrego Garcia’s lawyers cited Monday’s Alien Enemies Act ruling in writing that, while his case doesn’t involve that act, the court’s due process protection in that case “supports Abrego Garcia’s position that the Government violated his due process rights by removing him to El Salvador.” They wrote that the justices’ unanimous insistence on due process “underscores that Abrego Garcia — who was removed without reasonable notice or an opportunity to challenge his removal before it occurred, and in conceded violation of a court order prohibiting his removal to that country — must have a remedy for this constitutional violation.”

The DOJ should do everything possible to obtain the return of Mr. Garcia. The SCOTUS is clear that there will be need a real reason for the DOJ to not take all possible steps to facilitate this return

AdamGG

(1,672 posts)
40. The US is paying El Salvador to hold each of these prisoners
Thu Apr 10, 2025, 09:01 PM
Apr 10

So, we should be able to tell them that we're not paying any more for this one and we're sending a plane for him today. It shouldn't be difficult unless something has already happened to him. Dump's stooges probably don't want him giving interviews about his experience and the prison conditions.

BumRushDaShow

(150,860 posts)
59. My thought was that since we are illegally paying them to take these people
Fri Apr 11, 2025, 05:14 AM
Apr 11

we need to PAY to get them back. THAT is what I interpreted as an example of a way to "facilitate", and would be the punishment to the government for that poor decision.

wordstroken

(1,057 posts)
41. Finally some hope! Now let's see if this is the start of SCOTUS moving in the right direction on behalf of the people
Thu Apr 10, 2025, 09:05 PM
Apr 10

and the constitution. Thanks so much for posting, BumRushDaShow.

Butterflylady

(4,370 posts)
49. Supreme Court, they, meaning Roberts, Alito, Thomas, Kavanaugh and Gorsuch
Thu Apr 10, 2025, 09:58 PM
Apr 10

Are running scared. They see the writing on the wall. F47 is going down. They created the monster and now they don't know what to do.

Linda Ed

(512 posts)
57. . When the law is just a political tool, it is no longer the law,
Fri Apr 11, 2025, 12:43 AM
Apr 11

When the niceties of law and due process are set aside for people we have never met but feel free to demonize and throw away, what happens when other categories of people we do know and value are similarly targeted and disposed of? If these people are criminals, let them be proven so in a court of law and then deported. Using an ancient law only used rarely during wartime as an excuse for one group of people can easily be directed at another. When the law is just a political tool, it is no longer the law, but tyranny.

BlueMTexpat

(15,571 posts)
58. My entire MD Congressional delegation
Fri Apr 11, 2025, 04:11 AM
Apr 11

and my MD Governor have been working tirelessly on this ... and on SO MANY other vitally pressing matters!

The Congressional delegation has also been doing well-attended town halls around the state!

They (Sen. Chris Van Hollen, Sen, Angela Alsobrooks, Rep. Sarah Elfreth, and Gov. Wes Moore) are ALL Dem stars who are working for the people and NOT just themselves.

I am SO fortunate that my US residence is in Maryland.

Bengus81

(8,689 posts)
62. No damn way he's the only one down there illegally. No fucking way............
Fri Apr 11, 2025, 08:09 AM
Apr 11

Great decision SC,you're showing backbone and BALLS to fight that dictator POS.

LetMyPeopleVote

(161,698 posts)
65. The bad faith stalling has begun
Fri Apr 11, 2025, 10:14 AM
Apr 11

This poor man is in a hellish place and the trump administration wants to delay responding to the trial judge's requests for information. This is bad faith




Bengus81

(8,689 posts)
74. Trump doesn't want this guy back hitting the talk shows and going to protest events
Fri Apr 11, 2025, 12:45 PM
Apr 11

Trump want's his mouth shut even if he has to die in that shit hole.

Martin68

(25,449 posts)
68. It's a relief that SCOTUS finally upheld a foundational principle of the Constitution. The fact
Fri Apr 11, 2025, 11:31 AM
Apr 11

that they delayed at all is concerning on many levels.

Fil1957

(45 posts)
70. Yeah, but it means little until
Fri Apr 11, 2025, 11:40 AM
Apr 11

Kilmar Abrego Garcia is actually released. The administration says they are unable to do it, but we all know it would take only one phone call to the El Salvador government to release him.

LetMyPeopleVote

(161,698 posts)
71. Judge scolds DOJ for demanding delay in mistakenly deported man case
Fri Apr 11, 2025, 11:45 AM
Apr 11

This judge is getting pissed at trump's DOJ



https://thehill.com/regulation/court-battles/5244546-judge-trump-doj-mistakenly-deported-man/

The federal judge who ordered the Trump administration to try to return Kilmar Abrego Garcia, the man mistakenly deported to El Salvador, scolded the Justice Department for demanding more time to update the court on next steps.

Following the Supreme Court’s ruling Thursday evening that upheld the thrust of U.S. District Judge Paula Xinis’s order, she scheduled a Friday hearing in her Greenbelt, Md., courtroom at 1 p.m. EDT.

The Justice Department asked Xinis to postpone the hearing until next Wednesday and delay a Friday morning deadline to provide a written update, saying the timeline was “impracticable.”

The judge agreed to give the government two additional hours to provide the written update but declined to move the hearing, chastising the Justice Department for its demand.

“First, the Defendants’ act of sending Abrego Garcia to El Salvador was wholly illegal from the moment it happened, and Defendants have been on notice of the same,” Xinis wrote.

She went on to say that the government’s suggestion that it needs “time to meaningfully review a four-page Order that reaffirms this basic principle blinks at reality."

LetMyPeopleVote

(161,698 posts)
72. BREAKING: DOJ says it won't comply with Judge Xinis' order because the deadline she set is "impracticable."
Fri Apr 11, 2025, 12:33 PM
Apr 11

This will piss off the judge



ancianita

(40,290 posts)
75. Quinn Emanuel is the most feared law firm in litigation and can immediately file a motion for a ruling of contempt
Fri Apr 11, 2025, 02:13 PM
Apr 11

when Noem et. al. disobey the federal court order or fail to comply. Moreover, Quinn Emanuel are the firm most likely to convince this the judge of reasons for finding Noem et. al. in contempt, existential danger to their client likely being only one of a number of reasons.

HereForTheParty

(841 posts)
78. I'd like to know what the hell the hold up is
Fri Apr 11, 2025, 04:36 PM
Apr 11
An exasperated federal judge commanded the Trump administration Friday to begin providing “daily updates” on whether it is doing anything to comply with her order to return a Maryland man — illegally deported to El Salvador last month — back to the United States.

U.S. District Judge Paula Xinis scolded the administration for refusing to provide even “basic” details about Kilmar Abrego Garcia’s location, despite her demand for an update by Friday morning.

“I’m asking a very simple question. Where is he?” Xinis asked Justice Department attorneys at a court hearing.

“I do not have that information,” replied Deputy Assistant Attorney General Drew Ensign.

The administration’s stonewalling, which Xinis described as “extremely troubling,” raised the specter that it is defying the order that the judge issued last week and that the Supreme Court largely upheld Thursday.


https://www.politico.com/news/2025/04/11/trump-administration-illegal-deportation-el-salvador-00286877

ancianita

(40,290 posts)
80. I hear ya. Xinis seems to be giving in to more due process for the govt than to save Garcia's life.
Fri Apr 11, 2025, 04:42 PM
Apr 11

Federal judges are having a helluva time enforcing the felon's government and its lawless DOJ. I wouldn't add to their burdens by flogging them for what the lawless are doing. But this year's cases do loudly cry out to the next Congress to structurally reform the federal judiciary.

Lovie777

(18,000 posts)
76. WTF..............
Fri Apr 11, 2025, 02:32 PM
Apr 11

are we seeing the incompetent of these assholes. How in the hell you lose a human being that the DOJ sent to a prison I'm pretty sure the USA's taxpayers are paying for.

Shoonra

(598 posts)
77. One doubtful idea
Fri Apr 11, 2025, 03:17 PM
Apr 11

Charge the head of ICE with Criminal Contempt and lock him up in jail until K.A. Garcia is brought into the US court. I bet things will happen mighty prompt that way.

elocs

(24,043 posts)
79. Start holding your breath now as to whether it will be done.
Fri Apr 11, 2025, 04:40 PM
Apr 11

This gives Trump a chance to to show his contempt for SCOTUS.

madville

(7,640 posts)
81. So it's up to El Salvador now
Fri Apr 11, 2025, 04:44 PM
Apr 11

He is one of their citizens after all. I could see them charging him with a random crime there and holding him for years anyway.

xuplate

(59 posts)
82. Where is Kilmer?
Fri Apr 11, 2025, 06:01 PM
Apr 11

Has anyone considered the possibility that he is dead and they are stalling to cover it up?

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