- The Trump administration asked the Supreme Court to block a court order requiring the return of Kilmar Armando Abrego Garcia. The court paused the order on Monday for the return of Abrego Garcia, who was mistakenly deported to an El Salvador prison.
- Abrego Garcia, a 29-year-old father living in Maryland, was deported due to an “administrative error” by ICE, despite having protected status since 2019, which prohibited his deportation.
- The Supreme Court paused the order to give time to the sides in the case for their arguments.
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The Trump administration asked the Supreme Court on Monday, April 7, to block a court order requiring it to return a Maryland man, who was mistakenly deported to an El Salvador prison, to the U.S.
Judge Paula Xinis rejected the administration’s efforts on Friday, April 4, to pause an order requiring the return of Kilmar Armando Abrego Garcia by Monday night.
Then, around 12 hours before the deadline, the Justice Department filed an appeal, asking the Supreme Court to intervene.
The judge called Abrego Garcia’s removal “lawless” and a “grievous error.”
Supreme Court intervenes, Abrego Garcia’s attorneys respond
The Supreme Court, responding to the administration’s request, paused the order on Monday. Chief Justice John Roberts set a deadline of 5 p.m. EDT on Tuesday, April 8, to hear a responses from Abrego Garcia’s attorneys. Minutes later, the deported man’s lawyers submitted a response to the pause.
In the filings, Abrego Garcia’s lawyers stated that he “has never been charged with a crime, in any country. He is not wanted by the Government of El Salvador. He sits in a foreign prison solely at the behest of the United States.”
Who is Kilmar Armando Abrego Garcia?
The government initially alleged Abrego Garcia was part of the MS-13 gang, which his attorneys have denied.
The 29-year-old father lived in Maryland since arriving in the U.S. around 2011 as someone who entered the country illegally. He was arrested by U.S. Immigration and Customs Enforcement (ICE) on March 12, 2025, and was then sent to El Salvador’s CECOT prison on March 15, following what ICE called an “administrative error.”
An immigration judge granted Abrego Garcia protected status in 2019, meaning the government was prohibited from sending him to El Salvador.
His case marks the first time the administration has admitted to an error related to its recent deportation flights to CECOT.
What happens next?
Now that Chief Justice John Roberts has intervened with an “administrative stay,” it’s up to the Supreme Court’s justices to formally rule on the Trump administration’s request to block the lower court’s order.
