The Supreme Court has issued further guidance in the case of Salvadoran national Kilmar Armando Abrego Garcia, and while it doesn't fully affirm the district court ruling, it's rather a mixed bag as far as the Trump administration's position on the matter. 

For background, we'll refer back to Bonchie's initial reporting on the case:

An illegal immigrant first only described as a "Maryland father" by press outlets was ordered back from El Salvador on Friday after Judge Paula Xinis ruled that his deportation was an "illegal act." The Trump administration has maintained that Kilmar Abrego Garcia had gang affiliations and had no right to remain in the country.

The fight over whether Garcia was legally deported began after the administration admitted in a court filing on Monday that his protected status was overlooked due to an "administrative error." The man first entered the United States illegally over a decade ago, only attempting to claim asylum years later after a judge ordered his removal during the first Trump administration.

Following Judge Xinis' ruling, the administration filed an emergency application for stay with the Fourth Circuit Court of Appeals, which denied that application. 

The administration then filed an application with the Supreme Court requesting that the district court's injunction be vacated and seeking an immediate administrative stay. On Monday, Chief Justice John Roberts ordered that stay. 

Now, the full court has issued a brief opinion and order on the matter and sent the case back to the district court for clarification. Noting that the deadline imposed by the district court for the government to return Abrego Garcia to the United States by 11:59 p.m. on April 7, 2025, has passed, the Supreme Court noted that "the Government’s emergency application is effectively granted in part and the deadline in the challenged order is no longer effective."

RELATED: Breaking: Supreme Court Issues Stay of District Court Order re: Return of Salvadoran National

SCOTUS Hands Trump a Major Win on Use of Alien Enemies Act to Deport Some Illegals

However, the court adds that the remainder of the district court's order remains in effect but requires clarification as to what is meant by the term "effectuate" in that order. Now, here's where it really gets confusing because the Supreme Court states: 

The 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 intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.

In the first sentence, the court stops short of stating that Abrego Garcia must be returned to the U.S. — simply stating that the government must facilitate his release from custody in El Salvador (since his removal to El Salvador was illegal). What is meant by "handled as it would have been had he not been improperly sent to El Salvador" could use some of its own clarification. The inference is that this will necessarily require his being returned to the U.S., but that's not spelled out.

It's helpful that the court instructs Judge Xinis to give "due regard for the deference owed to the Executive Branch in the conduct of foreign affairs." But this leaves the government to negotiate Abrego Garcia's release from custody in El Salvador, with a big question mark as to where to go with him next in order to dot the "i's" and cross the "t's" of his removal. 

The remainder of the opinion contains a statement from Justice Sonia Sotomayor, joined, of course, by Justices Elena Kagan and Ketanji Brown-Jackson, expressing her sharp disapproval of the administration. 

Admittedly, I'm at a loss here as to what the administration is supposed to do other than negotiate to get Abrego Garcia back and afford a similar notice/hearing process as that required by habeas and affirmed by the Supreme Court in its opinion in the J.G.G. case, also issued on Monday. 

Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.

Help us hold these corrupt judges accountable for their unconstitutional rulings. Join RedState VIP and use promo code FIGHT to get 60% off your membership.