Judge Orders U.S. to Return Wrongfully Deported Maryland Man

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This undated photo provided by CASA, an immigrant advocacy organization, in April 2025, shows Kilmar Abrego Garcia. CASA via AP

Federal Hearing Set After Supreme Court Ruling

A federal judge has scheduled a hearing for Friday after the Supreme Court ordered the Trump administration to “facilitate” the return of Kilmar Armando Abrego Garcia, a Maryland man deported to El Salvador by mistake last month.

U.S. District Court Judge Paula Xinis, in an order filed late Thursday, directed officials to take all available steps to bring Abrego Garcia back to the U.S. “as soon as possible.” The administration must also submit a declaration confirming his current location and detailing the steps being taken to secure his immediate return.

Facade of the United States Supreme Court in Washington D.C.
STOCK PHOTO/Adobe Stock

Supreme Court Upholds Lower-Court Order

Earlier Thursday, the Supreme Court upheld Judge Xinis’ previous ruling, reinforcing that the government must work to correct its error.

“The order properly requires the Government to ‘facilitate’ Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” the high court stated.

Despite having legal protections against deportation due to fleeing political violence in 2011, Abrego Garcia was mistakenly sent to El Salvador, where he was detained in the notorious CECOT mega-prison.

Government Pushes Back on Court Intervention

The Trump administration claims Abrego Garcia is a member of the MS-13 gang—an accusation his attorneys and wife deny. Officials argue that because he is no longer in U.S. custody, courts cannot compel his return.

The Supreme Court, while upholding the lower court’s order, acknowledged the government’s role in foreign affairs and instructed Judge Xinis to clarify her ruling with respect to executive authority.

Legal Battle Over Deportation Mistake

The Justice Department defended the administration’s position, stating, “It is the exclusive prerogative of the President to conduct foreign affairs.” A department spokesperson criticized judicial intervention, calling it an overreach into executive authority.

Meanwhile, Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, welcomed the Supreme Court’s decision. “The rule of law prevailed,” he told ABC News. “Now they need to stop wasting time and get moving.”

With the federal hearing set for Friday, pressure mounts on the administration to correct its deportation mistake swiftly.

Keep up with this development on Abrego Garcia with us on Que Onda Magazine.