SCOTUS upholds order to facilitate return of wrongfully deported Salvadoran

The Supreme Court upholds a lower court's ruling to facilitate the return of an El Salvador man

who had been living in the U.S. and wrongly deported to a mega prison in El Salvador

The Trump administration deported Kilmar Armando Obrego Garcia in March during a roundup of alleged

Venezuelan gang members. However, the Trump administration acknowledged he was deported by

mistake as a result of an administrative error. The federal government then argued they could not

return him to the U.S., claiming he's a member of the MS-13 gang, a designated terrorist organization

Lawyers and family of the 29-year-old husband and father deny he affiliated with MS-13 or any other

street gang. His lawyers say the government has not provided any proof of their gang claims

In the unsigned order, the justices said the lower court's order was proper in requiring the

federal government to facilitate the return of Abrego Garcia from an El Salvador prison

However, the ruling states SCOTUS wants the lower court to clarify the term effectuate because the court may have exceeded its authority

The high court says the lower court does not have the authority to direct the executive branch in the conduct of foreign affairs No justices dissented However Justice Sonia Sotomayor joined by Justices Alana Kagan and

Ketanji Brown-Jackson, wrote a statement saying, in part, the government's argument, moreover, implies that it could deport and incarcerate any person, including U.S. citizens

without legal consequence, so long as it does so before a court can intervene, adding

that means the government must comply with its obligation to provide Abrego Garcia with due process of law

including notice and an opportunity to be heard in any future proceedings

Abrego Garcia entered the U.S. illegally in 2011 and decided to live in Maryland with his brother

He married his wife, a U.S. citizen, in 2019. And that same year, a judge granted Abrego Garcia special status from being removed from the U.S

over fears that he could face violence if he goes back to El Salvador

It's unclear if or when Obrego Garcia will return to the United States

His wife spoke to reporters Wednesday, saying she's not going to stop fighting for his return

For Straight Arrow News, I'm Lauren Keenan. For more on this story, download the Straight Arrow News app or visit san.com