**Supreme Court Weighs Deportation Case After Man Sent to El Salvador by Mistake**

Sun May 11 2025 12:29:45 GMT+0300 (Eastern European Summer Time)
**Supreme Court Weighs Deportation Case After Man Sent to El Salvador by Mistake**

Analysts consider the implications of potential changes in immigration enforcement protocols.


Kilmar Abrego Garcia's case raises critical questions about due process and the Trump administration's deportation strategies.


Kilmar Abrego Garcia, a Maryland resident, found himself abruptly deported to El Salvador amidst a controversial immigration enforcement strategy under the Trump administration. On March 12, Mr. Garcia was detained by US Immigration and Customs Enforcement (ICE) while driving his son home. Just three days later, he was sent to an infamous Salvadoran prison known for housing gang members, allegedly due to an “administrative error.” Currently serving time in El Salvador, Mr. Garcia's legal representatives argue that his deportation lacked proper legal procedure, prompting a Maryland court to command his return.

The Trump administration has countered that it cannot enforce the returning of Mr. Garcia from El Salvador, asserting that the ruling by the judge was outside her jurisdiction. The Supreme Court has temporarily halted lower court rulings while reviewing the case. Legal experts fear that siding with the Trump administration could undermine asylum rights and immigrant protections. Maureen Sweeney of the University of Maryland emphasized the ramifications, pointing out that unconditional deportation with no consequences would fundamentally distort the rule of law in immigration processes.

Despite court orders emphasizing that ICE failed to adhere to established procedures, Trump officials, including US Solicitor General D. John Sauer, maintain their inability to influence the Salvadoran government. However, Nicole Hallett of the University of Chicago Law School argued that precedents exist where the U.S. has successfully facilitated the return of wrongfully deported individuals, casting doubt on the administration's assertions of helplessness.

Mr. Garcia is among others deported on similar grounds, deemed by the U.S. as gang affiliates despite his denials and a protective order against his return due to risks of harm back home. This complex situation reflects broader issues in U.S. immigration enforcement, especially during a period of intensified crackdown under the Trump administration.

The Trump administration's legal contest now heads to the Supreme Court, creating a potential hallmark case that could set critical precedents concerning the administration’s deportation authority. Chief Justice John Roberts has issued an administrative stay, pausing lower court actions momentarily as discussions unfold. President Trump lauded the Supreme Court’s stay, framing it as a win for border security. Meanwhile, lawyers tasked with immigration matters view Mr. Garcia's situation as a pivotal test of the administration’s legal power over immigration proceedings, emphasizing the profound implications for due process and immigrant rights.

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