On April 10, the Supreme Court of the United States ordered the Trump Administration to facilitate the return of Kilmar Abrego Garcia from El Salvador to the United States.   Immigrations and Customs Enforcement deported Abrego Garcia on March 15 in spite of a 2019 court order allowing him to remain to avoid persecution in his home country.  Abrego Garcia ended up in the notorious El Salvador prison CECOT.  Even though, the Justice Department admitted that the decision to deport Abrego Garcia, who had committed no crime,  was an “administrative error,” the Administration had refused to expedite his return.  Theoretically, the Supreme Court decision should be the end of the issue.  But as of today, Abrego Garcia remains in El Salvador.  This brings up a crucial constitutional question: what happens if the Trump Administration refuses to comply with a court order?  Howard Schweber is a professor emeritus of American Politics and Political Theory, whose research includes constitutional law and politics.

Photo of U.S. Supreme Court building

Joe Ravi, CC BY-SA 3.0, via Wikimedia Commons

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