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Reason
Reason
Jonathan H. Adler

Supreme Court Upholds Order Telling Trump Administration to "Facilitate" Return of Armando Abrego Garcia from El Salvador

This evening the Supreme Court effectively denied the Trump Administration's request that it vacate a district court order demanding that the federal government effectuate the return of Armando Abrego Garcia to the United States from El Salvador. This is consistent with last week's opinions in Trump v. J.G.G. in which all nine justices indicated that the federal government must provide due process to individuals allegedly subject to deportation.

As a technical matter, the Trump Administration's application was granted in part and denied in part, but in substance it denied the Administration's sought after relief by concluding that the district court "order properly 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 order also called for the district court to clarify parts of its order, and noted that parts of the order (such as the deadline) were no longer operable.

The unsigned order drew no dissents, though Justice Sotomayor issued a separate statement respecting the order joined by Justices Kagan and Jackson.

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