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.
NEWYou can now listen to Fox News articles!
President Donald Trump is set to deliver what the White House is calling a “historic” speech Saturday night before a massive fireworks display celebrating America’s 250th anniversary.
Trump is still expected to take the stage at 10 p.m. at the conclusion of the Salute to America celebration on the National Mall, though timing of events may fluctuate due to adverse weather, per a senior White House official.
The president’s address is expected to look back on America’s history since its founding 250 years ago, a senior White House official told Fox News.
THE LESSON WE CAN LEARN FROM BICENTENNIAL HISTORY IS TO PARTY LIKE IT’S 1976
President Donald Trump speaks during a rally at Mount Rushmore National Memorial on July 3, 2026 in Keystone, South Dakota. (Chip Somodevilla/Getty Images)
Trump will deliver a “unique” speech featuring the stories of American heroes.
“It will be a unique speech unlike any other he’s given before,” the official added.
Earlier Saturday, Trump celebrated what he described as a “stronger than ever” America in a Truth Social post, praising the “incredible” crowds gathered in Washington despite the heat and storms.
FOURTH OF JULY APP GUIDES SPECTATORS THROUGH NINE-HOUR AIR SHOW FROM NASA JETS TO B-1 BOMBERS
The grand finale lasted over two minutes to cap a 23-minute light and fireworks display over Mount Rushmore after President Donald Trump’s 28-minute speech, brief by his lengthy standards. (Matt Gade)
The president also highlighted the air shows over the nation’s capital, saying the pilots and aircraft were “at a level never seen before.”
Trump also addressed recent vandalism at the Reflecting Pool, calling those responsible “Vandal Thugs” and promising the pool would be drained and repaired after the holiday weekend.
The president’s remarks come one day after he delivered a patriotic speech at Mount Rushmore, where he called the United States the “most exceptional nation ever to exist” and warned that communism posed the nation’s greatest threat.
TRUMP HAILS AMERICA AS ‘MOST EXCEPTIONAL NATION EVER TO EXIST’ IN MOUNT RUSHMORE SPEECH
The U.S. Air Force Thunderbirds perform a flyover during “Salute to America 250” Fourth of July celebrations on the National Mall on July 4, 2026, in Washington, DC. (Finn Gomez/Getty Images)
“Communism is the exact opposite of life, liberty and the pursuit of happiness — it is death, tyranny and the pursuit of evil.
A severe thunderstorm swept through Washington on Saturday evening, prompting emergency officials to urge people on the National Mall to seek shelter.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Freedom 250, the event organizer, said it would provide updates on the evening’s schedule as weather conditions developed.
As CNN prepares for change under a new owner, the network’s chief legal affairs correspondent, Paula Reid, is heading for the exit and expected to jump to MS NOW.
The Washington-based Reid’s contract with CNN is up in several months and she has told the network she does not plan to renew. She is expected to sign on with CNN competitor MS NOW, according to people familiar with her plans who were not authorized to comment publicly.
A representative for MS NOW said the network does not comment on personnel matters but added, “as everyone in Washington knows, Paula Reid is an exceptional reporter, and any news organization would be fortunate to showcase her journalism.”
Reid‘s planned departure comes ahead of the impending merger of CNN parent Warner Bros. Discovery and Paramount. The combination has led to speculation over who will run CNN, and the uncertainty is said to have played a factor in Reid’s decision.
Reid joined CNN from CBS News in 2021.
CNN and Paramount’s CBS News will be combined after the merger, but the management structure is still under discussion. Paramount put Bari Weiss, founder of the heterodox digital news site the Free Press, in charge of CBS News in October, with a mandate to move the network’s coverage more to the political center. Based on the chaos that has ensued at CBS News under her watch, many CNN insiders are concerned over her possible stewardship of an even larger and more complex organization.
CBS News executives and on-air talent have pushed back at Weiss’ efforts to make changes at the division, which many insiders have viewed as an attempt to placate the Trump White House while Paramount seeks regulatory approvals needed ahead of closing the $111-billion Warner Bros. Discovery deal.
Internal resistance to Weiss has been strongest at the venerable news magazine “60 Minutes.” The program’s star correspondent Scott Pelley was fired last month after he confronted management over the dismissals of executive producer Tanya Simon and his on-air colleagues Sharyn Alfonsi and Cecilia Vega.
Weiss’ overhaul of the “CBS Evening News” with her handpicked anchor Tony Dokoupil has failed to improve the third-place program’s competitive position in the ratings. The program has also been criticized for some of its editorial decisions and logistical snafus.
CNN anchor Anderson Cooper has reportedly told colleagues he does not want to work for Weiss if the cable network is put under her purview. He already rejected an offer from Weiss to anchor the “CBS Evening News” and declined to renew his deal as a “60 Minutes” contributor after nearly two decades with the program.
The chaos at CBS has given pause to people at CNN. Larry Ellison, the tech billionaire and father of Paramount Chief Executive David Ellison, has reportedly promised Trump there will be sweeping changes to CNN after the merger.
Reid, 43, is among the many TV news correspondents and anchors that Trump has disparaged over the years, claiming they are unfair in their coverage. As White House correspondent for CBS News, Reid was known for asking tough questions of Trump during his White House briefings on the coronavirus.
Reid was a lawyer before becoming a journalist at CBS News in 2010. In addition to serving as White House correspondent for the network, she covered the Justice Department and the Supreme Court.
Reid would be another significant hire for MS NOW, the progressive-leaning channel that is rebuilding its roster after separating from NBC News and its parent, Comcast. The network formerly known as MSNBC is now part of Versant, a company with a stable of cable networks spun off by Comcast.
Peter Alexander, former chief White House correspondent for NBC News, is joining MS NOW as a morning anchor later this year. The network also hired former “CBS Mornings” executive producer Shauna Thomas as political director.
Doug Burgum highlights American innovation at Great American State Fair
Interior Secretary Doug Burgum joins ‘Fox & Friends’ live from the Great American State Fair in Washington. He emphasizes America’s legacy of innovation and entrepreneurship, discussing the impact of AI and free markets. Burgum also addresses recent vandalism at the Lincoln Memorial Reflecting Pool on June 22 and the upcoming July 4th opening of the Teddy Roosevelt Presidential Library.
NEWYou can now listen to Fox News articles!
Interior Secretary Doug Burgum is defending President Donald Trump’s many initiatives to address infrastructure in Washington, D.C., calling it a visible reminder that the country needs to actively press back against decline.
“Nations don’t crumble by fate — they decline by choice,” Burgum told Fox News Digital.
“From rehabilitating and installing historic memorials, statues, and fountains to removing hundreds of instances of graffiti and cleaning up crime on our streets, this administration is proving that American greatness is built through action,” he continued.
Burgum’s reasoning, which came ahead of the United States’ 250th Independence Day anniversary, addresses criticisms of the administration that have surfaced in recent weeks, casting doubt on whether Trump’s many renovation and construction initiatives in Washington, D.C. have been worth their price tag.
WHITE HOUSE SEIZES ON DELAYED OBAMA PRESIDENTIAL CENTER OPENING TO CROWN TRUMP ‘BUILDER-IN-CHIEF’
Split of sample tests in the Lincoln Memorial Reflecting Pool. (@realDonaldTrump via Truth Social)
As part of the 250th celebration, Trump has spent $14.7 million to restore the Lincoln Memorial’s reflecting pool, allocated $250 million to restore the Kennedy Center and is on track to spend over $400 million on the construction of a ballroom at the White House.
Trump, in a Truth Social update about the reflecting pool, framed the efforts as part of a larger effort.
“We’ve cleaned, renovated and beautified over 45 monuments and memorials, 28 statues and 22 fountains in Washington, D.C. Things are really looking good in our nation’s capital. Add to that the fact that when I became president, crime was rampant. And now Washington, D.C. is one of the safest cities anywhere in the United States,” Trump wrote.
REPUBLICANS QUESTION TRUMP’S ‘PRIVATELY FUNDED’ BALLROOM AFTER REPORT POINTS TO TAXPAYER BURDEN
Interior Secretary Doug Burgum reacted during a meeting with Venezuela’s interim President Delcy Rodríguez at the Miraflores Presidential Palace on March 4, 2026, in Caracas, Venezuela. (Federico Parra/AFP via Getty Images)
The Department of the Interior, which has overseen many of the improvements, further updated its accomplishments ahead of July 4.
The city has removed 510 instances of graffiti, removed 154 homeless encampments, applied 212 tons of repair materials to roads and parkways, restored 280,000 square feet of roadway paving, rehabilitated 1,301 benches and fixed 1,913 lights.
Burgum said the repairs were emblematic of the administration’s aggressive posture towards addressing problems that had gone ignored in the past. In addition to these major improvements, DOI has restored and cleaned dozens of monuments and statues around DC.
DOI also recently helped transform Meridian Hill Park, which got high praise on social media by DC residents, into a desirable place to visit with a restored fountain that had been under construction for years with very little movement. They also cleaned and restored some of the statues in the park, including the Joan of Arc statue and the James Buchanan Memorial.
FIRST ON FOX: TRUMP ADMIN TRANSFORMS DC HOTSPOT ONCE ROCKED BY GEORGE FLOYD PROTESTS IN SYMBOLIC REVERSAL
Washington DC city workers dismantle tents and remove personal belongings during a sweep of a homeless encampment in the Foggy Bottom neighborhood in Washington, DC, on August 14, 2025. (JIM WATSON/AFP via Getty Images)
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
“While others accept decline, President Trump and the Department of the Interior are restoring the heart of our nation’s capital,” Burgum said. “The Golden Age of America isn’t just a slogan, it’s being rebuilt, one landmark, one street and one victory at a time.”
-
Milwaukee, WI53 seconds agoBrandon Woodruff exits Milwaukee Brewers' loss in 4th inning
-
Atlanta, GA8 minutes agoAtlanta United 2 Earns 1-0 Win Against Toronto FC II | Atlanta United 2
-
Minneapolis, MN11 minutes agoTeen in critical condition after being pulled from Minnehaha Falls
-
Indianapolis, IN16 minutes agoPeace on the Plaza: Community building through basketball
-
Pittsburg, PA23 minutes agoPittsburgh's Paul Skenes Named To National League All-Star Team
-
Augusta, GA26 minutes agoBREAKING: Parents of missing 4-year-old arrested, child believed to be deceased
-
Washington, D.C31 minutes agoUS at 250: How celebrations unfolded in Washington DC
-
Cleveland, OH38 minutes agoCleveland marks America’s 250th birthday with lakefront fireworks show
