(NewsNation) — The Supreme Court on Thursday ruled the Trump administration must begin the process of releasing a Maryland man mistakenly deported to El Salvador.
In an unsigned order, the high court said the United States must facilitate the release of Kilmar Abrego Garcia and “ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
The justices did not say exactly what Abrego Garcia’s release would entail or how he would return to the U.S.
A hearing is set for Friday at 1 p.m. EDT at the U.S. District Court in Greenbelt, Maryland, regarding the facilitation of Abrego Garcia’s return.
The Justice Department is seeking to delay the proceedings. The agency filed a request with the court to modify its order, proposing that defendants be given until 5 p.m. on April 15 to submit their supplemental declaration and that the hearing be rescheduled for April 16.
White House must show efforts to get Kilmar Abrego Garcia back
U.S. District Judge Paula Xinis had ordered Abrego Garcia, now being held in a notorious Salvadoran prison, to be returned to the U.S. by midnight Monday, the Associated Press reported.
The Supreme Court’s decision follows a string of rulings on its emergency docket, in which the conservative majority has at least partially sided with President Donald Trump amid a wave of lower court orders slowing his sweeping agenda.
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This undated photo provided by CASA, an immigrant advocacy organization, in April, shows Kilmar Abrego Garcia. (CASA via AP) -
This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP) -
Credit: U.S. District Court -
Jennifer, center, whose husband Kilmar Abrego Garcia was deported by ICE, is hugged by a staff member of CASA, at the CASA Multicultural Center during a news conference ahead of Garcia’s hearing. -
Jennifer Vasquez Sura, whose husband Kilmar Abrego Garcia was deported by ICE, speaks at a rally and news conference at the CASA Multicultural Center ahead of his hearing. -
Protesters gather outside the U.S. District Court for the District of Maryland during Kilmar Abrego Garcia’s hearing. -
Lucia Curiel, who represented Kilmar Abrego Garcia, speaks at a news conference and rally for Garcia before his hearing at the CASA Multicultural Center.
In Thursday’s case, Chief Justice John Roberts had already pushed back the deadline set by Xinis. The justices said her order must be clarified to ensure it does not intrude into executive branch power over foreign affairs since Abrego Garcia is being held abroad.
The court said the Trump administration should also be prepared to share what steps it has taken to get him back — and what more it could potentially do.
Abrego Garcia, a husband and father, is accused by the Department of Justice of leading a Long Island branch of MS-13. However, he has never been charged with or convicted of a crime, and officials have stated his name is not included in local gang records.
The Trump administration has admitted a clerical error caused Abrego Garcia to be sent to El Salvador but argued that it could no longer do anything about it.
“The government refused to provide any pieces of information that the judge ordered them to provide,” said Simon Sandoval-Moshenberg, Abrego Garcia’s attorney. “Not only the information about what future steps they are planning, they even refused to answer what they’ve done so far. They even refused to answer the question about where Klimar is today.”
The court’s liberal justices argued the administration was “plainly wrong” in suggesting Abrego Garcia could not be brought home because he was no longer in U.S. custody.
Trump’s plan can’t be stopped by ‘activist judges’: DOJ
In the wake of the ruling, the DOJ has focused on the justices, insisting the courts need to give Trump the ability to conduct foreign affairs.
“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,” a DOJ spokesperson said in a statement to NewsNation.
The DOJ did not comment on the part of the ruling that mandates the administration to facilitate Abrego Garcia’s return.
The Associated Press contributed to this report.
