The Supreme Court’s recent decision effectively maintained a district court order requiring the U.S. government to facilitate the return of Kilmar Armando Abrego Garcia from El Salvador, where he was unlawfully removed and is currently detained. This aligns with previous opinions that underscore the necessity of due process for individuals facing deportation. The Court’s order, while granting the government’s application in part by nullifying the expired deadline, upheld the substance of the district court’s directive, which mandates the government to arrange for Abrego Garcia’s release and ensure his case proceeds as if he had not been improperly deported.
Justice Sotomayor, joined by Justices Kagan and Jackson, issued a statement emphasizing the government’s lack of legal justification for Abrego Garcia’s deportation and detention. She criticized the government’s argument, which suggested that legal relief is unavailable once a deportee is outside U.S. borders, as fundamentally flawed. Justice Sotomayor highlighted the necessity for the government to provide due process, including notice and an opportunity to be heard, in any future proceedings. She also underscored the government’s obligation under the Convention Against Torture and other legal frameworks governing immigrant detention and removal.
The Court’s decision reflects a commitment to upholding due process rights and ensuring that administrative errors do not result in unjust consequences for individuals like Abrego Garcia. The district court on remand is tasked with clarifying its order while ensuring the government adheres to its legal responsibilities.