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Supreme Court: “Mistakenly” Deported Migrant to El Salvador Should be Returned to the US

The US Supreme Court upheld a lower court judge’s decision ordering the return of migrant Garcia, whom the US mistakenly deported to El Salvador, back to the US. The Supreme Court ruled to have the migrant, Kilmar Abrego Garcia, a Salvadoran national, facilitated to return to the US after the Trump administration accidentally deported him on March 15. While the Trump administration claimed that Garcia was a member of the MS-13 gang, his lawyers and family rejected these accusations. The Supreme Court’s decision came after the US Department of Justice sought to overturn a lower court judge’s ruling in Maryland requiring the government to facilitate the return of the migrant. Garcia, who has had a work permit in the US since 2019 and resides in Maryland with his family, had appealed against their deportation. The Supreme Court indicated in its decision on Thursday that the lower court judge’s previous ruling required the US government to facilitate Garcia’s return after his detention in El Salvador. The decision also called for the government to be ready to share information regarding steps already taken and other steps it could take. Judge Sinis, following the Supreme Court’s decision, expressed that the US is required to take steps promptly to facilitate Garcia’s return as soon as possible. In this context, Sinis scheduled a hearing in federal court later at 1:00 PM. The judge also mentioned wanting to receive information from the US government on the steps taken to bring Garcia back. Garcia’s attorneys, Simon Sandoval-Moshenberg, welcomed the decision, stating that the rule of law had prevailed, and urged immediate action. Meanwhile, El Salvador’s Security and Justice Minister, Gustavo Villatoro, defended the deportations to El Salvador from the US by stating that intelligence on sought gang members was shared and that individuals deported were not chosen randomly. Acknowledging that individuals sent to the “mega prison” in El Salvador had criminal records, Villatoro emphasized the ongoing data-sharing with the US concerning wanted gang members. He highlighted the systematic procedures followed when identifying individuals for deportation to El Salvador by stating that shared records provide accurate information for identifying the deported individuals. Discussions regarding those deported to El Salvador became a topic of debate following the experiences of Kilmar Abrego Garcia, a metal worker and father of three in Maryland. Garcia’s deportation to El Salvador, allegedly due to a “typographical error,” led to questioning of the process. While the Trump administration claimed that Garcia was an MS-13 gang member, his attorneys and family denied the allegations. Jennifer Vasquez Sura, Garcia’s wife, expressed their distress from the accusations, while his attorneys refuted El Salvador’s claims. They emphasized that such uncertain allegations against Kilmar contradict the fact that a US immigration judge had found him credible and deserving of protection from deportation to El Salvador due to the lack of transparency and legal process. Therefore, they argued that these allegations should not hold any weight. The US Supreme Court had temporarily halted the deadline for Garcia’s return on April 7 after accepting Trump’s request to give judges more time to evaluate the case.

Supreme Court: “Mistakenly” Deported Migrant to El Salvador Should be Returned to the US

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