Politics
Supreme Court Sides With Migrant Trump Administration Wrongly Deported
The Supreme Court on Thursday instructed the government to take steps to return a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.
In an unsigned order, the court stopped short of ordering the return of the migrant, Kilmar Armando Abrego Garcia, indicating that courts may not have the power to require the executive branch to do so.
But the court endorsed part of a trial judge’s order that had required the government to “facilitate and effectuate the return” of Mr. Abrego Garcia.
“The 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 Supreme Court’s ruling said. “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 case will now return to the trial court, and it is not clear whether and when Mr. Abrego Garcia will be returned to the United States.
“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 Supreme Court’s ruling said. “For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
The ruling appeared to be unanimous. But Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, issued a statement that was harshly critical of the government’s conduct and said she would have upheld every part of the trial judge’s order.
“To this day,” Justice Sotomayor wrote, “the government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador or his confinement in a Salvadoran prison. Nor could it.”
Justice Sotomayor urged the trial judge, Paula Xinis of the Federal District Court in Maryland, to “continue to ensure that the government lives up to its obligations to follow the law.”
A Justice Department spokesman responded to the order by focusing on its reference to the executive branch.
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the president to conduct foreign affairs,” the spokesman said. “By directly noting the deference owed to the executive branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy.”
Andrew J. Rossman, one of Mr. Abrego Garcia’s lawyers, expressed satisfaction with the Supreme Court’s action.
“The rule of law won today,” he said. “Time to bring him home.”
Mr. Abrego Garcia’s wife described the effect the case has had on their family and said she would keep pursuing his return to the United States.
“This continues to be an emotional roller coaster for my children, Kilmar’s mother, his brother and siblings,” Jennifer Stefania Vasquez Sura, his wife, said on Thursday, adding that “I will continue fighting until my husband is home.”
Judge Xinis had said the Trump administration committed a “grievous error” that “shocks the conscience” by sending Mr. Abrego Garcia to El Salvador despite a 2019 ruling from an immigration judge. The immigration judge granted him a special status known as “withholding from removal,” finding that he might face violence or torture if sent to El Salvador.
The administration contends that Mr. Abrego Garcia, 29, is a member of a violent transnational street gang, MS-13, which officials recently designated as a terrorist organization.
Judge Xinis, who was appointed by President Barack Obama, said those claims were based on “a singular unsubstantiated allegation.”
“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie,” she wrote, “and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never lived.”
In the administration’s emergency application seeking to block Judge Xinis’s order, D. John Sauer, the U.S. solicitor general, said she had exceeded her authority by engaging in “district-court diplomacy,” because it would require working with the government of El Salvador to secure Mr. Abrego Garcia’s release.
“If this precedent stands,” he wrote, “other district courts could order the United States to successfully negotiate the return of other removed aliens anywhere in the world by close of business,” he wrote. “Under that logic, district courts would effectively have extraterritorial jurisdiction over the United States’ diplomatic relations with the whole world.”
In a response to the court, Mr. Abrego Garcia’s lawyers said their client “sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake.”
They added: “The district court’s order instructing the government to facilitate Abrego Garcia’s return is routine. It does not implicate foreign policy or even domestic immigration policy in any case.”
Mr. Sauer said it did not matter that an immigration judge had previously prohibited Mr. Abrego Garcia’s deportation to El Salvador.
“While the United States concedes that removal to El Salvador was an administrative error,” Mr. Sauer wrote, “that does not license district courts to seize control over foreign relations, treat the executive branch as a subordinate diplomat and demand that the United States let a member of a foreign terrorist organization into America tonight.”
Mr. Abrego Garcia’s lawyers said there was no evidence that he posed a risk.
“Abrego Garcia has lived freely in the United States for years, yet has never been charged for a crime,” they wrote. “The government’s contention that he has suddenly morphed into a dangerous threat to the republic is not credible.”
Mr. Sauer said Judge Xinis’s order was one in a series of rulings from courts exceeding their constitutional authority.
“It is the latest in a litany of injunctions or temporary restraining orders from the same handful of district courts that demand immediate or near-immediate compliance, on absurdly short deadlines,” he wrote.
In her statement on Thursday, Justice Sotomayor wrote that it would be shameful “to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.”
She added that the government’s position “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.”
“That view,” the justice wrote, “refutes itself.”
Alan Feuer, Aishvarya Kavi and Glenn Thrush contributed reporting.
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As President Donald Trump closed his remarks and invited first lady Melania Trump to the dais along U.S. 50 in downtown Washington, the assembled crowd of thousands began an impromptu rendition of “Happy Birthday.”
The president, who turned 79 Saturday, smiled and paused as the singing gave way to a young Army officer approaching with a folded U.S. flag.
The officer presented Trump the flag on behalf of the U.S. Army Golden Knights and said it had flown over the Capitol earlier in the day to commemorate the nation’s oldest military branch.
TRUMP CELEBRATES US’ LONG HISTORY OF GIVING FOREIGN ENEMIES ‘HELL’ AT MASSIVE MILITARY PARADE
President Donald Trump, first lady Melania Trump and U.S. Secretary of Defense Pete Hegseth salute at a military parade to commemorate the U.S. Army’s 250th birthday on the day of President Donald Trump’s 79th birthday in Washington, D.C., June 14, 2025. (Reuters)
Trump had received blowback, mostly from the left, for holding the Army commemoration with critics pointing out it also fell on his birthday.
“I’m horrified by the parade, because this is not about honoring our military,” Sen. Adam Schiff, D-Calif., a frequent Trump critic, said on a recent podcast. “It’s a military vanity show for a president who’s long wanted to have tanks rolling down the streets of our nation’s capital.”
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Rep. Steve Cohen, D-Tenn., also recently drafted the HAPPY BIRTHDAY Budget Act, which would prohibit taxpayer dollars for such celebrations.
During the parade, Vice President JD Vance noted that Saturday was his and second lady Usha Vance’s wedding anniversary. It is also Flag Day, the date in 1777 when the Continental Congress adopted Betsy Ross’ Stars and Stripes flag.
She was attending her first protest, driven to be seen with thousands of others at a “No Kings” demonstration Saturday morning in El Segundo, eager to make a statement.
But she was there for her father, as well.
The sign she held aloft as car horns honked in support said: “I’m speaking for those who can’t.”
Her father would have loved to join her, Jennifer told me. But with ICE raids in Los Angeles and arrests by the hundreds in recent days, her 55-year-old undocumented dad couldn’t afford to take the risk.
Steve Lopez
Steve Lopez is a California native who has been a Los Angeles Times columnist since 2001. He has won more than a dozen national journalism awards and is a four-time Pulitzer finalist.
Jennifer is 29. I hadn’t seen her in nearly 20 years, when I wrote about her father and visited her home in Inglewood to deliver $2,000 that readers donated after the story was published.
Here’s the back story:
In December of 2005 I got a tip about a shooting in the front yard of an Inglewood home. Two men approached a landscaper and demanded money. He resisted, and in the tussle that ensued, a shot was fired.
Paramedics rushed the man to the emergency room at UCLA, where doctors determined that a bullet had just missed his heart and was lodged in his chest. Although doctors recommended he stay at least overnight for observation, he insisted he felt fine and needed to get back to work.
The landscaper, whom I referred to as Ray, insisted on leaving immediately. As he later explained to me, the Inglewood job was for a client who hired him to re-landscape the yard as a Christmas gift to his wife.
Ray was shot on Dec. 23.
Demonstrators at a “No Kings” event at Main Street and Imperial Highway in El Segundo on Saturday.
(Steve Lopez / Los Angeles Times)
He finished the job by Christmas.
I’ve been thinking about Ray since ICE agents began the crackdown ordered by President Trump, whose administration said its goal was to deport 3,000 people a day. Hundreds have been arrested in the Fashion District, at car washes and at building supply stores across Los Angeles.
That’s led to clashes between law enforcement and demonstrators, and to peaceful protests like the one along Imperial Highway and Main Street on Saturday in El Segundo.
Trump generally speaks of undocumented immigrants as monsters, and no doubt there are criminals among them.
But over the years, nearly all my encounters have been with the likes of Ray, who are an essential part of the workforce.
Yes, there are costs associated with undocumented immigrants, but benefits as well — they’ve been an essential part of the California economy for years. And among those eager to hire them — in the fields, in the hospitality industry, in slaughterhouses, in healthcare — are avid Trump supporters.
On Friday, I called Ray to see how he was doing.
“I’m worried about it,” he said, even though he has some protection.
Demonstrators at the “No Kings” event in El Segundo raise their signs, including one that read, “Real men don’t need parades.”
(Steve Lopez / Los Angeles Times)
Several years ago, an immigration attorney helped him get a permit to work, but the Trump administration has vowed to end temporary protected legal status for certain groups of immigrants.
“I see and hear about a lot of cases where they’re not respecting documents. People look Latino, and they get arrested,” said Ray, who is in the midst of a years-long process to upgrade his status.
Ray is still loading tools onto his truck and driving to landscaping, tree-trimming and irrigation jobs across L.A., as he’s done for more than 30 years. But he said he’s being extra careful.
A protester at a “No Kings” event in El Segundo prepares a sign on Saturday.
(Steve Lopez / Los Angeles Times)
“You know, like keeping an eye out everywhere and checking my telephone to see where checkpoints are,” he said.
Ray’s ex-wife has legal status, and all three of their children were born here and are U.S. citizens. The marriage ended and Ray has remarried, but he remains close to the three kids I met in the spring of 2006, when they were 9, 10 and 11.
The younger son, who is disabled, lives with Ray. His older son, a graphic designer, lives nearby. Jennifer, a job recruiter, lives next door and has been on edge in recent days.
“Even though he has permission to be here … it’s scary, and I wasn’t even letting him go to work,” Jennifer said. “On Monday I was getting into the shower and heard him loading up the truck.”
She ran outside to stop him, but he was already gone, so she called him and said, “Oh my God, you shouldn’t be going to work right now. It’s not safe.”
“No Kings” was the theme of the day during a demonstration in El Segundo on Saturday.
(Steve Lopez / Los Angeles Times)
Jennifer works from home but couldn’t concentrate that day. She used an app to track her father’s location and checked the latest information on ICE raids. So far, Ray has made it home safely each day, although Jennifer is hoping he slows down for a while.
Twenty years ago, when I wrote about Ray getting shot and his insistence on going back to work immediately, one of the readers who donated money — $1,000 — to him was one of his landscaping clients, Rohelle Erde. When I checked in with her this week to update her on Ray’s situation, she said her entire family came to the U.S. as immigrants to work hard and build a better life, and Ray did the same.
“He has been working and making money and helping people beautify their homes, creating beauty and order, and this must be so distressing,” Erde said. “The ugliness and disorder are exactly the opposite of what he represents.”
The evening before Saturday’s rally in El Segundo, Jennifer told me why she wanted to demonstrate:
“To show my face for those who can’t speak and to say we’re not all criminals, we’re all sticking together, we have each other’s backs,” she said. “The girl who takes care of my kids is undocumented and she’s scared to leave the house. I have a lot of friends and family in the same boat.”
Jennifer attended with her son, who’s 9 and told me he’s afraid his grandfather will be arrested and sent back to Mexico.
“He’s the age I was when you met me,” Jennifer said of her son.
She took in the crowd and said it was uplifting to see such a huge and diverse throng of people stand up, in peaceful protest, against authoritarianism and the militarization of the country.
Mother and son stood together, flashing their signs for passing motorists.
His said, “Families belong together.”
Jennifer told me that her father still has the bullet in his chest.
steve.lopez@latimes.com
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