The fraught saga of Salvadoran national Kilmar Abrego Garcia proceeds apace. Following Thursday evening's muddled opinion from the Supreme Court directing district court Judge Paula Xinis to clarify what she meant by ordering the Trump administration to "effectuate" the return of Abrego Garcia, Xinis has now amended her original order: 

The Supreme Court’s April 10, 2025 decision in Noem v. Abrego Garcia, 604 U.S.—–, No. 24A949, affirmed this Court’s Order at ECF No. 21 (the “Order”), and directed that on remand, this Court clarify its use of the term “effectuate,” according proper deference to the Executive Branch in its conduct of foreign affairs. See Slip Op. at 2. To this end, the Court hereby amends the Order to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible. 

In addition, Xinis ordered the government to file by 9:30 a.m. Friday morning a supplemental declaration addressing the current whereabouts of Abrego Garcia and the steps taken (and that will be taken) to facilitate his return. She also set a hearing for Friday afternoon at 1:00 p.m.

The government then filed a motion for an extension of time to file the declaration, asking for several days to "meaningfully review" the Supreme Court decision. Xinis has now granted an extension — of two hours (to 11:30 a.m.) — to file the declaration. So...as of this writing, it's the government's move. 

READ MORE: New: Supreme Court Issues Order on the Removal of Salvadoran National Kilmar Abrego Garcia

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

As noted in the prior coverage, the Supreme Court did no one any favors with the wording of its ruling, as it stated: 

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.

Note that the wording there is "facilitate" Abrego Garcia's "release" — not return. But as with much of the press coverage of the decision, Judge Xinis brushes right past that and is demanding his return to the United States. 

This one's far from over — we'll keep you posted.  

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