CECOT
Image of El Salvador's infamous CECOT prison Getty Images

The Supreme Court blocked on Monday a court order requiring the return of a Maryland man who was deported last month to El Salvador's infamous CECOT prison after being accused of being a member of the MS-13 gang.

The order was issued by Chief Justice John Roberts and blocks the return of Kilmar Abrego Garcia despite an immigration judge's 2019 order that he not be returned to the country because he could face persecution.

The order upholds a request by Solicitor General John Sauer, who called the lower court's order "unprecedented and indefensible." He added that the order would force the Salvadoran government to return Garcia, something that exceeded the judicial branch's power.

An appeals court had rejected the claim that the Trump administration didn't have the power to seek Abrego Garcia's return and that the lower court judge's order violated the separation of powers.

The White House has admitted that Abrego García's deportation was a result of an "administrative error," but said he should have still been removed from the country because he is a gang member, a claim his lawyers strongly dispute.

"The administration maintains the position that this individual, who was deported to El Salvador and will not be returning to our country, was a member of the brutal and vicious MS-13 gang," said White House Press Secretary Karoline Leavitt last week. She added that "credible intelligence" showed he was involved in human trafficking and emphasized that "foreign terrorists do not have legal protections in the United States of America anymore."

Abrego Garcia's legal team has challenged the government's accusations, stating in a complaint that the U.S. has "never produced an iota of evidence to support this unfounded accusation."

Abrego Garcia's attorneys also detailed that a confidential informant had accused him of being part of the MS-13 gang and that even though he was found removable, a judge "granted him withholding of removal to El Salvador," because of the dangers he could face.

© 2025 Latin Times. All rights reserved. Do not reproduce without permission.