Even the conservatives in the Supreme Court of the United States (SCOTUS) are getting tired of Donald Trump acting like he is above the law. They clearly sent this message as part of last week’s ruling that ordered Trump’s administration to make efforts to bring back a man who was wrongly deported to El Salvador and placed in prison.
What Happened in the First Place?
In March, Trump’s administration ordered a massive deportation of 260 men it believed were affiliated with gangs. They were put on a flight and sent to El Salvador, where they were detained in the notorious Terrorism Confinement Center (CECOT). Among them was a man named Kilmar Armando Abrego Garcia, who was granted a protected status by an immigration judge in 2019. According to the order, Garcia was not to be deported to El Salvador because he would face persecution there.
The administration recognized its mistake regarding Garcia but didn’t show any intention of correcting it. This prompted US District Judge Paula Xinis to issue an order for the administration to “facilitate and effectuate the return” of Garcia. The administration then quickly appealed to the Supreme Court, claiming it couldn’t be held accountable because Garcia wasn’t in the U.S. anymore.
What Did SCOTUS Do?
Despite being overwhelmingly conservative, the SCOTUS opted to take a stand against Trump. In a 9-0 decision, it upheld Xinis’ order and stated that it “properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador.”
However, the Supreme Court stopped short of actually ordering Trump’s administration to bring Garcia back to the United States. It indicated that it might not have the power to make such an order, saying that the term “effectuate,” in Xinis’ order is “unclear, and may exceed the district court’s authority.”
SCOTUS Conservatives are Trying to Tread A Fine Line
While SCOTUS conservatives showed a willingness to choose the rule of law over Trump, the way they did it shows they are trying to tread a fine line.
Their ruling recognizes that Trump’s administration made an unlawful move and should be held accountable for it. However, they also ensured to avoid a crisis that would likely ensue if the order was more direct and Trump decided not to abide by it.
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