The
Supreme Court on Thursday upheld a
lower court order that the
Trump administration must facilitate the return to the United States of
Kilmar Abrego Garcia, a Maryland man who was forcibly and wrongly deported to El Salvador, where he is being held in a notorious prison.
But the Supreme Court in its unsigned
decision told Maryland Federal District Court Judge Paula Xinis to clarify the order she issued in the case, raising the question of whether the administration can be compelled by the courts to actually get Abrego Garcia back.
Xinis in her April 4th order had ordered the Trump administration “to faciliate and effectuate the return” of Abrego Garcia, who officials allege is a gang member, which he denies.
In its ruling Thursday, the Supreme Court said, “The [district court] order properly requires the Government to ‘facilitate’ Abrego 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 intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” the Supreme Court said.
“The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs,” the ruling said.
The decision, which had no dissents, also directed the Trump administration to prepare “to share what it can concerning the steps it has taken and the prospect of further steps” related to his possible return............................................
So if this Garcia turns out to be a MS-13 member then right back to prison he goes.
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