Supreme Court Temporarily Blocks Order to Return Salvadoran Deported to CECOT due to "error"

The U.S. Supreme Court temporarily suspended the deadline imposed for the repatriation of Kilmar Armando Ábrego García, a Salvadoran citizen who was deported by "error." The decision responds to a request by the Donald Trump Administration to have more time to present its arguments before the high court.

Chief Justice John Roberts ordered an administrative stay of the repatriation order, which extends the deadline until the court issues a final decision. Such actions are common when the court is faced with urgent decisions with tight deadlines. Abrego, who was deported on March 15, will remain in a prison in El Salvador in the meantime.

The Appeal

The case reached the Supreme Court shortly before the deadline for his return expired. A lower court judge had ordered the administration to bring Abrego back by midnight Monday.

Government lawyers acknowledged in court documents that the migrant's deportation was the product of a clerical "error." However, they argued that his return is unfeasible because he is in the custody of the Salvadoran authorities. In its appeal, the Justice Department called the court order unprecedented and argued that the Executive Branch has the responsibility to direct immigration and diplomatic policy, not the courts.

Appeals Court Ruling

Before the Supreme Court intervened, the Court of Appeals for the 4th Circuit rejected a government petition to halt the repatriation order. In their decision, the judges argued that the government "has no legal authority" to deport a person with protected status without due process. However, another judge considered that the repatriation order should not be interpreted as an immediate obligation of the government but as a mandate to facilitate his return.

For now, Ábrego's future remains on hold while the Supreme Court evaluates the arguments of both sides and decides whether he should be repatriated to the United States or remain in El Salvador.