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Trump Asks Supreme Court to Block Return of Migrant Wrongfully Deported to El Salvador

Posted on 10/04/2025 at 00:31
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Trump Asks Supreme Court to Block Return of Migrant/Photo: Shutterstock
  • Trump Petitions Supreme Court
  • Migrant Wrongfully Sent to El Salvador
  • Controversy in Immigration Policy

The administration of Donald Trump on Monday asked the U.S. Supreme Court to block a lower court’s order requiring the return of a Salvadoran migrant to the United States.

The migrant, who was mistakenly sent to a maximum-security prison in El Salvador despite having judicial protection from deportation, has become the center of a legal and political dispute.

The U.S. government has until Monday to return Kilmer Armado Ábrego García to the U.S., according to a ruling issued by Judge Paula Xinis of a federal court in Maryland.

The Washington Post reported that the administration argues it lacks jurisdiction to comply, claiming that Ábrego García is currently in Salvadoran custody.

Trump Appeals to Supreme Court Over Migrant Case

Trump Asks Supreme Court to Block Return of Migrant, USA, authorities, impact, the latest
Trump Asks Supreme Court to Block Return of Migrant – Photo: Shutterstock

The U.S. government had previously appealed Judge Xinis’s decision to the Fourth Circuit Court of Appeals.

However, that court declined to intervene immediately, prompting the administration to escalate the matter to the Supreme Court.

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In its petition, the administration stated that «the Constitution assigns the conduct of foreign diplomacy and the protection of the nation against foreign terrorists—including deportation—to the president, not to federal district courts.»

According to EFE, the administration emphasized that this authority extends to deportation matters as well.

Ábrego García is a resident of Prince George’s County, Maryland, and is married to a U.S. citizen.

He became a target of immigration authorities after a 2019 tip alleged he was a member of the criminal gang MS-13 (Mara Salvatrucha).

Although he was initially ordered deported, a judge later granted him a stay of removal after he applied for asylum, according to court filings.

Despite the court’s protection, U.S. Immigration and Customs Enforcement (ICE) arrested Ábrego García on March 12.

They claimed the legal status of the Salvadoran migrant had changed and transferred him to a detention center in Texas.

From there, he was placed on one of three deportation flights on March 15, which transported over 200 Venezuelans and dozens of Salvadorans to El Salvador.

Upon arrival, he was confined in El Salvador’s maximum-security prison, Cecot.

The U.S. government has admitted in court that Ábrego García’s deportation was an «administrative error,» EFE reported.

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