Here’s what some judges are saying.
WASHINGTON, D.C. — In a developing immigration case that’s drawing national attention, the U.S. Supreme Court has ordered the return of a man mistakenly deported to El Salvador — a move that’s reigniting debate over legal immigration, criminal justice, and presidential powers under the Trump administration.
This comes as President Donald Trump doubles down on his commitment to restore law and order, curb violent crime, and hold dangerous individuals accountable — regardless of immigration status.
✅ Supreme Court Orders Return of Deported Migrant Amid Legal Battle
The case involves Kilmar Armando Abrego Garcia, a Salvadoran national who had lived in Maryland for nearly 15 years before being wrongfully deported in March 2025. Despite previously receiving protection from removal due to gang violence in El Salvador, he was swept up in a nationwide ICE operation targeting MS-13 suspects.
Federal authorities later admitted his deportation was the result of an “administrative error.”
The Supreme Court’s order mandates the federal government to “facilitate” Garcia’s return and ensure his case is reviewed appropriately. The justices also directed lower courts to revise prior language that may have encroached on the Executive Branch’s authority over international relations.
🔒 Trump Administration Defends Strong Border Security and Legal Authority
The Department of Justice argued that Judge Paula Xinis’ original directive — which told the Trump administration to “effectuate” Garcia’s return — infringed on presidential powers under the U.S. Constitution’s separation of powers doctrine.
Government lawyers emphasized that the United States cannot compel a foreign nation, like El Salvador, to comply with a U.S. court order. The administration has since requested more time to evaluate the Supreme Court’s clarification.
⚖️ Liberal Justices Issue Warning — Claim U.S. Citizens Could Be Deported
Three liberal justices — Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson — raised alarms over potential executive overreach. In a sharply worded opinion, they suggested that the government’s legal stance could allow even American citizens to be detained or deported without immediate court intervention.
“The Government’s argument implies it could deport any person, including U.S. citizens, without consequence,” they wrote.
Justice Sotomayor doubled down earlier in the week, warning that denying judicial review could lead to U.S. citizens being forced onto planes and held in foreign prisons without due process.
🚨 Trump: Violent Criminals — Even U.S.-Born — Must Face Real Consequences
President Trump has made no apologies for his firm stance on law enforcement. In comments to reporters aboard Air Force One, Trump said he was open to the idea of sending violent American-born criminals to tough foreign prisons, such as El Salvador’s notorious CECOT super-prison, known for housing gang members and terrorists.
“We have some horrible criminals — American-grown,” Trump said. “If there’s a legal way to send them to a place like that, I’m all for it.”
White House Press Secretary Karoline Leavitt confirmed that the President is exploring “legal pathways” to deal with repeat violent offenders, adding that the proposal is “about protecting law-abiding Americans from career criminals who have no regard for our laws or our communities.”
🧾 Legal Status of Deported Man: Married, No Record, Accused of MS-13 Ties
Garcia, 29, had a valid work permit and no criminal record. He is married to a U.S. citizen and raising their child, along with his wife’s two other children. His lawyers insist he has never been a gang member and challenge the government’s claim that he is affiliated with MS-13.
According to court filings, Garcia was arrested without a warrant on March 12, placed on a plane by March 15, and sent to El Salvador’s CECOT facility. Maryland Governor Wes Moore has since urged the federal government to reverse the mistake.
📌 What Happens Next?
The Trump administration must now provide an official update to the court, detailing:
- Garcia’s current location and custodial status
- Steps taken to facilitate his return
- Timeline for any additional actions
The federal government has asked for more time to comply with the Supreme Court’s instructions. Judge Xinis has amended her ruling to remove any language that might exceed judicial authority over foreign policy matters.
💬 Final Word
While critics on the left claim this case proves the risk of executive overreach, supporters of President Trump see it as further evidence of a deep-state legal system working to block real immigration enforcement.
The broader debate is clear: Should violent criminals—regardless of citizenship—be treated with leniency, or held to account? President Trump’s America First policies leave little room for doubt.