The Supreme Court on Thursday ordered the return of Kilmar Abrego Garcia, a Salvadoran national living in Maryland, from an El Salvador prison.
Abrego Garcia, 29, was deported to the El Salvadoran mega-prison last month for being an alleged MS-13 gang member, however, his attorneys maintain he does not have any gang ties. Garcia’s wrongful deportation has triggered an onslaught of criticisms from both sides of the aisle. (RELATED: IRS, DHS Reach Game-Changing Agreement For Trump Immigration Agenda)
The Supreme Court sided with U.S. District Judge Paula Xinis who initially ordered federal officials to coordinate Garcia’s return back to Maryland in a Monday order, calling his deportation “wholly unlawful.”
Fox News reports:
“On March 15, 2025, the United States removed Kilmar Armando Abrego Garcia from the United States to El Salvador, where he is currently detained in the Center for Terrorism Confinement (CECOT),” the order states. “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal.”
Justice Sonia Sotomayor said she “would have declined to intervene in this litigation and denied the application in full.”
“Nevertheless, I agree with the Court’s order that the proper remedy is to provide Abrego Garcia with all the processes to which he would have been entitled had he not been unlawfully removed to El Salvador,” Sotomayor wrote. “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.”
The Justice Department responded to the order in a statement to Fox News in a statement.
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs,” the statement says. “By directly noting the deference owed to the Executive Branch, 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.”
Why? He is here illegally and is from El Salvador. He is a member of a gang that is illegal there in El Salvador. If he wanted to be considered for Citizenship he should have stopped in the US embassy in the first country he came to and applied for status through that embassy or consulate and stayed right there until he got word to move to the US. He was here IN COMMISSION OF A CRIME THE WHOLE TIME HE WAS HERE!! He is not a Citizen. The moment he entered our Country he was a criminal! The only dur process there should be is deportation. This type of lawfare is MADNESS as bad as the billions of dollars that have been spent on the illegals and in a multitude of other things that have been financed throughout the world. Many of these are thought to have had copious amounts of money that have come back to to the US in various ways now found in the pockets of certain people here in the US? Hopefully DOGE will track those money trails so that money can be placed back in the treasury and those unlawfully receiving that money can be put where they belong.