(NewsNation) — The Supreme Court on Thursday ruled the Trump administration must begin the process of releasing a Maryland man mistakenly deported to El Salvador.
In an unsigned order, the high court said the United States must facilitate the release of Kilmar Abrego Garcia and “ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
The justices did not say exactly what Abrego Garcia’s release would entail or how he would return to the U.S.
A hearing is set for Friday at 1 p.m. EDT at the U.S. District Court in Greenbelt, Maryland, regarding the facilitation of Abrego Garcia’s return.
The Justice Department is seeking to delay the proceedings. The agency filed a request with the court to modify its order, proposing that defendants be given until 5 p.m. on April 15 to submit their supplemental declaration and that the hearing be rescheduled for April 16.
White House must show efforts to get Kilmar Abrego Garcia back
U.S. District Judge Paula Xinis had ordered Abrego Garcia, now being held in a notorious Salvadoran prison, be returned to the United States by midnight Monday, the Associated Press reported.
The Supreme Court’s decision follows a string of rulings on its emergency docket, in which the conservative majority has at least partially sided with President Donald Trump amid a wave of lower court orders slowing his sweeping agenda.
In Thursday’s case, Chief Justice John Roberts had already pushed back the deadline set by Xinis. The justices said her order must be clarified to ensure it does not intrude into executive branch power over foreign affairs since Abrego Garcia is being held abroad.
The court said the Trump administration should also be prepared to share what steps it has taken to get him back — and what more it could potentially do.
‘Stop wasting time‘: Kilmar Abrego Garcia‘s attorney
Abrego Garcia, a husband and father, is accused by the Department of Justice of leading a Long Island branch of MS-13. However, he has never been charged with or convicted of a crime, and officials have stated his name is not included in local gang records.
The Trump administration has admitted a clerical error caused Abrego Garcia to be sent to El Salvador but argued that it could no longer do anything about it.
The court’s liberal justices argued the administration was “plainly wrong” in suggesting Abrego Garcia could not be brought home because he was no longer in U.S. custody.
Abrego Garcia’s attorney applauded the ruling, stating, “The rule of law has prevailed; now they need to stop wasting time and get moving.”
DOJ: ‘Activist judges’ can’t stop Trump plan
In wake of the ruling, the DOJ has focused on the justices, insisting the courts need to give Trump the ability to conduct foreign affairs.
“This ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy,” a DOJ spokesperson said in a statement to NewsNation.
The DOJ did not weigh in on the part of the ruling that mandates the administration to facilitate Abrego Garcia’s return.
The Associated Press contributed to this report.