Supreme Court backs wrongly deported migrant
The Trump administration must 'facilitate' the return of wrongfully deported migrant Kilmar Ábrego García from El Salvador, Supreme Court says


What happened
The Supreme Court Thursday night unanimously ruled that the Trump administration must work to "facilitate" but not necessarily "effectuate" the return of Kilmar Ábrego García, a Salvadoran man erroneously deported to a notorious mega-prison in El Salvador last month alongside hundreds of Venezuelan alleged gang members.
Who said what
The unsigned ruling was a "significant rejection of the Trump administration's claim that it lacked any power — and therefore could not be compelled — to attempt to remedy its admitted error" in deporting Ábrego García, Politico said. It "doesn't explicitly mention" bringing him back, but it "leaves in place the bulk of U.S. District Judge Paula Xinis' order that specifically required his 'return' to the United States."
Xinis "properly" required the government to "'facilitate' Ábrego García's release from custody in El Salvador," but her "intended scope of the term 'effectuate'" was "unclear and may exceed the district court's authority," the Supreme Court said. Justice Sonia Sotomayor suggested in a concurring statement, joined by her two liberal colleagues, that she would have compelled the administration to "correct its egregious error" and refuted its implication 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."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What next?
The Supreme Court's ruling "does not mean Ábrego García will be returned immediately," The Washington Post said. The justices sent the case back to Xinis to "clarify" her "directive, with due regard for the deference owed" the president in "the conduct of foreign affairs," and ordered the government to "share what it can concerning the steps it has taken and the prospect of further steps."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Jaguar Land Rover’s cyber bailout
Talking Point Should the government do more to protect business from the ‘cyber shockwave’?
-
Russia: already at war with Europe?
Talking Point As Kremlin begins ‘cranking up attacks’ on Ukraine’s European allies, questions about future action remain unanswered
-
Crossword: October 5, 2025
The Week's daily crossword puzzle
-
Museum head ousted after Trump sword gift denial
Speed Read Todd Arrington, who led the Dwight D. Eisenhower Presidential Library and Museum, denied the Trump administration a sword from the collection as a gift for King Charles
-
Trump declares ‘armed conflict’ with drug cartels
speed read This provides a legal justification for recent lethal military strikes on three alleged drug trafficking boats
-
Supreme Court rules for Fed’s Cook in Trump feud
Speed Read Federal Reserve Governor Lisa Cook can remain in her role following Trump’s attempts to oust her
-
Judge rules Trump illegally targeted Gaza protesters
Speed Read The Trump administration’s push to arrest and deport international students for supporting Palestine is deemed illegal
-
Trump: US cities should be military ‘training grounds’
Speed Read In a hastily assembled summit, Trump said he wants the military to fight the ‘enemy within’ the US
-
US government shuts down amid health care standoff
Speed Read Democrats said they won’t vote for a deal that doesn’t renew Affordable Care Act health care subsidies
-
YouTube to pay Trump $22M over Jan. 6 expulsion
Speed Read The president accused the company of censorship following the suspension of accounts post-Capitol riot
-
Oregon sues to stop Trump military deployment
Speed Read The president wants to send the National Guard into Portland