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Trump, Supreme Court, Kilmar Abrego Garcia, deportation, US immigration

Trump Seeks Supreme Court Block on Garcia’s Return

Trump Seeks Supreme Court Block on Garcia’s Return

Kilmar Abrego Garcia is a Salvadoran national who has lived in the U.S. since 2011. He is married to a U.S. citizen and has three U.S.-born children.

The Trump administration petitioned the top court to block a lower court order that requires the government to return a Salvadoran national to Maryland after he was mistakenly deported to El Salvador.

Despite a 2019 court order protecting him from deportation due to potential persecution risks, Garcia was deported on March 15, 2025, due to what the administration described as an “administrative error” or “clerical mistake”

Legal Proceedings

U.S. District Judge Paula Xinis issued an order requiring the government to return Garcia to the U.S. by 11:59 p.m. on Monday, April 7, 2025, labeling his deportation as “entirely unlawful”.

The 4th Circuit Court of Appeals denied the administration’s request to pause this order, leading the administration to appeal to the Supreme Court

Trump Administration’s Appeal

US Supreme Court/ Getty Images

They claim that El Salvador cannot be compelled to return Garcia, as he is in Salvadoran custody, and that the deadline set by the lower court is “arbitrary” and “unfeasible”.

The administration also asserts that Garcia is affiliated with the MS-13 gang, which is classified as a terrorist organization by the U.S. However, Judge Xinis noted that no evidence supports this claim.

Potential Consequences If Supreme Court Blocks the Order

Legal Precedent

The decision would set a precedent regarding the limits of judicial authority in matters involving international relations and deportation.

It could influence future cases where the executive branch challenges judicial orders related to immigration or foreign policy.

Constitutional Implications

Blocking the order might be seen as a validation of the executive branch’s authority over matters traditionally considered within its purview, such as foreign relations and immigration enforcement.

This could lead to discussions about the balance of power between the branches of government.

Immigration Policy

The ruling could embolden the administration to pursue more aggressive immigration policies, potentially leading to increased deportations or stricter enforcement measures.

This could exacerbate tensions between the administration and immigrant communities.

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The decision might strain relations with El Salvador and other countries involved in deportation agreements. It could also impact how other nations perceive the U.S. commitment to international law and human rights.

The ruling could lead to public outcry and political backlash, particularly if it is perceived as undermining judicial authority or exacerbating humanitarian issues related to deportations.

Depending on public and political reactions, Congress might consider legislation to address the balance of power between the branches or to clarify the role of the judiciary in immigration matters.

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