The Supreme Court’s order does not require the government to return Kilmar Armando Abrego Garcia to the United States. But it does uphold a lower court’s directive that the government must “facilitate” his release from custody in El Salvador.
The SCOTUS order also told the government to ensure that his case is handled as it would have been had he not been improperly deported.
The improper part of his deportation was him being sent to El Salvador which was a violation of the 2019 deportation/Suspend deportation ruling. He can be deported to other countries.
The 2019 Order to Suspend is only to stop him from being deported to El Salvador.
Things to note:
The SCOTUS has zero jurisdiction over the El Salvador. They cannot tell The President of El Salvador what to do.
In 2019 it was determined by a court that Garcia was an illegal.
The Order to Suspend in 2019 was handed down because Garcia claimed that rival gangs might kill him if sent to El Salvador.
Deporting him To El Salvador was the improper act. Not deporting him.
The SCOTUS said that the lower court might be overstepping their authority. Hinting that the lower court needed to be extremely careful with what they now do.
If Garcia is released from El Salvador, it would be in compliance with the order for the government to deport him to any other country or to ship him to GITMO.i think he’ll end up in GITMO.
Here’s a link to the SCOTUS Order
http://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf