Late April 10, the Supreme Court issued an unsigned 9- 0 decision which makes the Administration responsible for seeking the return of Abrego Garcia. The Administration must describe to the District Court the steps it has taken in will take to secure his return.

The Supreme Court wrote:

“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 the term “effectuate” in the District Court order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard to 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: instances of a court ordering the return of a deported person appears to be so rare that there is no clear guidelines based on case law about how much the court can expect the government to do, given as the conduct of foreign affairs is pertinent. There was some needless wrangling about words.  Facilitate means to help bring something about.

Very shortly after the Supreme Court issued this order, District Court Judge Xinis issued an order, including:

“The Court hereby amends the order to direct the defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible. Further, as the Supreme Court made clear, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps. Accordingly, the court directs defendants to file, by no later than 9:30 AM ET on Friday April 11th a supplemental declaration from an individual with personal knowledge addressing the following: (1) the current physical location and custodial status of our Abrego Garcia; (2) what steps, if any, defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendents will take, and when, to facilitate his return. To the extent defendants believe any portion of their submission must be filed under seal, they shall comply with the courts local rules for governing the ceiling of materials. The court will hold an in person status conference on Friday April the 11th at 1:00 PM.”