On Thursday, the Supreme Court asked the government to take measures to return a Salvadoral migrant that he had been wrongly deported to a notorious prison in Salvador.
In an unsigned order, the court has stopped ordering the return of the migrant, Kilmar Armando Abrego Garcia, indicating that the courts may not have the power to demand that the executive power will make it.
But the court approved part of the order of a trial judge who had forced the government to “facilitate and make the return” of Mr. Abrego Garcia.
“The ordinance correctly obliges the government to” facilitate “the release of Abrego Garcia de la Garde in Salvador and to ensure that his case is treated as it would have been if he had not been sent badly to Salvador,” said the Supreme Court decision. “The planned scope of the term” actually “in the order of the district court is however unclear and may exceed the authority of the district court.”
The case will now return to the court of first instance, and it is not clear if and when Mr. Abrego Garcia is returned to the United States.
“The District Court should clarify its directive, with respect for the deference of executive power in the conduct of foreign affairs,” said the decision of the Supreme Court. “For its part, the government should be ready to share what it can concern the measures it has taken and the prospect of new measures.”
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