The Trump administration’s arguments in a high-profile immigration case have much broader implications.
The Supreme Court is about to decide whether the Trump administration can exile Americans to a Gulag overseas and then leave them there.
The Trump administration wants everyone to believe that the case challenging its deportation of Kilmar Abrego Garcia to El Salvador’s infamous Centro de Confinamiento del Terrorismo, or CECOT, is about the government’s right to deport undocumented immigrants, or gang members, or terrorists. But it’s actually about whether the United States government can kidnap someone off the street and then maroon them, incommunicado, in a prison abroad with little hope of release. Human-rights groups have said that they have yet to find anyone freed from CECOT, and the Salvadoran government has previously said anyone imprisoned there will “never leave.”
Today, the Trump administration asked the Supreme Court to lift a federal-court order telling the administration to retrieve Abrego Garcia. This afternoon, Chief Justice John Roberts blocked the order temporarily, pending further decision. As my colleague Nick Miroff reported, the Trump administration acknowledged in court that Abrego Garcia was deported because of an “administrative error.” Abrego Garcia has been in the U.S. since he was 16, having fled El Salvador and come to the U.S. illegally after gangs threatened his family. He is married to an American citizen and has a 5-year-old child. In 2019, a judge gave him a protected status known as “withdrawal of removal,” ordering the government not to send him back to El Salvador. The Trump administration has alleged that Abrego Garcia is a member of the gang MS-13, based on the word of a single anonymous informant six years ago and the fact that Abrego Garcia was wearing Chicago Bulls attire.
In its majority opinion rejecting the government’s argument, though, judges from the Fourth Circuit Court of Appeals wrote that the record “shows that Abrego Garcia has no criminal history, in this country or anywhere else, and that Abrego Garcia is a gainfully employed family man who lives a law abiding and productive life,” and that “if the Government wanted to prove to the district court that Abrego Garcia was a ‘prominent’ member of MS-13, it has had ample opportunity to do so but has not—nor has it even bothered to try.
