Supreme Court slams unlawful deportation, but no clear path of return

In a unanimous decision, the Supreme Court sharply criticized the Trump administration for illegally deporting Kilmar Armando Abrego Garcia to El Salvador.

(CNN)- In a unanimous decision, the Supreme Court sharply criticized the Trump administration for illegally deporting Kilmar Armando Abrego Garcia to El Salvador, ordering the U.S. to take action toward his release. However, the court stopped short of requiring his return to the United States. Jeffrey Toobin, Supreme Court biographer and former federal prosecutor, called the decision “an extraordinary, unanimous rebuke.”

Garcia was deported despite a 2019 judge’s order barring his removal from the U.S., where he lives with his wife and children in Maryland. The Trump administration claimed he was a suspected MS-13 gang member, though he has never been charged with a crime. His attorneys deny the allegation. Now, Garcia is being held in a notorious Salvadoran prison that houses other U.S. deportees. His wife says she is desperate to have him back home with their family.

The Justice Department acknowledges the Supreme Court ruling but notes it defers to the executive branch on matters of foreign policy. Officials argue the U.S. cannot force El Salvador to release Garcia, especially as the U.S. currently pays the country $6 million to house deportees in that facility.

Toobin raised a critical question: “How hard will the Trump administration try to get Mr. Garcia back, if at all?” Garcia’s attorney warns that failing to bring him back would set a troubling precedent: “The government can deport whomever they want.” With Garcia’s fate still uncertain, Toobin adds, “What remains mysterious about this order is what happens if Mr. Garcia doesn’t come back—and how does the court enforce something entirely in another country?”