White House Press Secretary Karoline Leavitt emphasized on Friday the importance of the language used in the Supreme Court’s ruling in the...
White House Press Secretary Karoline Leavitt emphasized on Friday the importance of the language used in the Supreme Court’s ruling in the case of Salvadoran national Kilmar Abrego Garcia, who was mistakenly deported to his home country by the Trump administration last month.
In an unsigned unanimous opinion, the high court ruled partially against the Trump administration on Thursday, saying that the lower court’s ruling “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 high court stated, “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”
During the White House press briefing on Friday, Leavitt highlighted use of the word “facilitate,” saying that the Supreme Court was “very clear” that “it’s the administration’s responsibility to facilitate the return, not to effectuate the return” of Abrego Garcia.
In its ruling, the Supreme Court added, “The district court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs. 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.”
U.S. District Judge Paula Xinis amended her order following the Supreme Court ruling and required that the Trump administration “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.” The Trump administration missed its Friday deadline to provide its plan for returning Abrego Garcia to Maryland. Justice Department lawyers argued that the timeline was “impractical” and asked for a Tuesday deadline, The Washington Post reported.
On March 12, Abrego Garcia was arrested by Immigration and Customs Enforcement agents in the parking lot of an Ikea while his autistic son was in the back seat of his vehicle. The Salvadoran national, who the Trump administration says is an MS-13 gang member, was then deported to El Salvador on March 15. However, the deportation was an “administrative error,” an ICE official admitted in a statement to a judge. In a 2019 order, an immigration judge deemed Abrego Garcia likely to be a danger to the community, but protected him from being deported back to El Salvador as the judge agreed that he would likely face persecution or torture.
The Trump administration has argued that it cannot bring Abrego Garcia back to the United States after transferring him over to El Salvador’s custody, but a federal judge ordered the administration to return the Salvadoran man, stating that he was arrested “without any lawful authority” and placed “with his persecutors.”
The White House maintains that Abrego Garcia “was a member of the brutal and vicious MS-13 gang” and alleged that he was involved in human trafficking.