Supreme court orders Trump administration to correct deportation error
The United States Supreme Court has instructed President Donald Trump's administration to "facilitate" the return of a man who was mistakenly deported to El Salvador. Despite this ruling, there is no obligation for the government to reinstate the deported man back into the United States, according to CNN.
On Thursday, the United States Supreme Court issued a decision directing the Trump administration to "facilitate" the return of Kilmar Armando Abrego Garcia, a Salvadoran citizen deported to El Salvador in March, CNN reports.
While this decision was hailed as a victory for the complainant, the court clarified that it does not compel the Trump administration to fully restore the man's residency in the United States. Rather, the court's mandate focuses on facilitating his return.
Steve Vladeck, CNN Supreme Court analyst and professor at Georgetown University Law Center explained that the ruling clearly permitted the district court to order the Trump administration to facilitate Abrego Garcia's return to the United States, although the specifics of how this should be achieved remain unclear.
The Trump administration ignored the court ruling
This case centres around the deportation of a man who crossed the US border illegally in 2011, with his return to El Salvador raising significant concerns for his safety due to threats in his home country.
An immigration judge ordered a halt to the deportation in 2019, citing threats from a local gang. Nevertheless, the Trump administration initially overlooked this ruling, leading to his deportation to El Salvador and subsequent legal actions.
The Trump administration argued that the court's decision infringes upon the principles of separation of powers, asserting that only the president has the authority to conduct foreign policy. Although the Supreme Court did not require the immediate reinstatement of Abrego Garcia in the United States, it stressed that the administration must take all available steps to enable his return, potentially involving negotiations with the Salvadoran government.
Liberal Supreme Court justices criticised the Trump administration's actions, arguing that Garcia should be returned to the United States without further delay.
They drew attention to obligations under international law and the need to protect individuals from violence. The justices emphasised that deportation should not be seen as a mere oversight, but rather as a serious error that needs rectification as quickly as possible.
