The US Supreme Court issued their ruling late yesterday afternoon. Essentially the Trump Administration must “facilitate” Kilmar Abrego Garcia ‘s release from the El Salvador prison where he currently resides.

The New York Times lauded the ruling thusly:

Supreme Court Sides With Wrongly Deported Migrant

A trial judge had ordered the Trump administration to take steps to return the migrant, Kilmar Armando Abrego Garcia, from a notorious prison in El Salvador.

Therefore, for all those who don’t go beyond the headlines, they are counting this as a win AGAINST the Trump Administration. Except the devil is in the details. Much of which many won’t take the time to read. 

First, as Toni wrote here, in a 5-4 ruling SCOTUS said that the Trump Administration CAN deport illegals but they need to be given due process during those proceedings, which MUST take place in the correct jurisdiction.

Secondly, the 9-0 ruling has some interesting terminology in it. 

The application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government’s emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court’s order remains in effect but requires clarification on remand.

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. The order heretofore entered by THE CHIEF JUSTICE is vacated. [Emphasis Added]

Read the above again. 

The ruling from SCOTUS only states that Garcia’s RELEASE from prison should happen. That’s a far cry from ordering his actual RETURN to the United States. Furthermore, there was a nice little smackdown of district courts overstepping their bounds with the “deference owed to the Executive Branch in the conduct of foreign affairs.” That was a STAY IN YOUR LANE directive if I’ve ever seen one. 

It’s incumbent to note that, if the U.S. does work to facilitate Garcia’s release, where should he go? Margot Cleveland has an idea!

You’re missing it, Margot. This SC order is a huge win for Trump and it’s brilliantly written (probably by Gorsuch and Alito). It’s forcing the lower court to clarify“efficacy” as it relates to the government’s role in facilitating the return of the prisoner, while stating that…

— David C (@beegjuan1) April 11, 2025

The rest reads:

“their clarification may result in showing that they have no jurisdiction. The SC is basically forcing the lower court to engage in foreign diplomacy, which is blatantly unconstitutional. The Trump administration should do nothing and let the process continue to play out.”

Is he correct? I don’t know. However, I think Margot’s idea is a brilliant one given that Garcia knew he’d eventually be deported. He just didn’t want to go back to El Salvador. 

Here’s the other issue with this case prior to yesterday’s ruling by SCOTUS. 

“While the United States concedes that removal to El Salvador was an administrative error,” Mr. Sauer wrote, “that does not license district courts to seize control over foreign relations, treat the executive branch as a subordinate diplomat and demand that the United States let a member of a foreign terrorist organization into America tonight.”

There are THREE very distinct branches of government. Congress makes the law. The President ENFORCES the law. The courts interpret the law. 

However, what we’ve been seeing for the last 8 years and specifically within these last few months is that the courts believe THEY have more power than the other two branches of government. They…do not. And this ruling from SCOTUS does make that abundantly clear. 

Yes, I know it’s Chris Hayes. But he’s illustrative of how the media is and will run with this. It’s a Trump loss and Garcia after being released from that nasty prison, gets to be returned to his happy life!! Everyone clap!

This ruling is quite the interesting one given the ambiguity in it. Garcia isn’t to be returned forthwith. Nope, instead the Trump Administration must “facilitate” his release to…somewhere else.

It will be interesting to see how this plays out in the next few days. 

Feature Photo Credit: Immigration, Supreme Court, American flag via iStock, cropped and modified