President Nayib Bukele of El Salvador recently clarified his stance at the White House regarding the return of Kilmar Abrego Garcia, a man wrongly deported from the United States. Bukele expressed that sending Mr. Abrego Garcia back would be akin to “smuggling a terrorist into the country.” This statement came during a discussion in the Oval Office, where officials from the Trump administration noted they did not have an obligation to facilitate the return of the Maryland resident, despite a Supreme Court ruling mandating otherwise.
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The case of Mr. Abrego Garcia has garnered significant attention amid the backdrop of a broader crackdown on immigration. The Trump administration has deported numerous individuals to El Salvador with assistance from Bukele, who is set to receive $6 million to accommodate these migrants in a high-security mega-prison. The U.S. government has characterized Mr. Abrego Garcia’s deportation as a simple administrative error.
In a recent court filing, a U.S. Department of Homeland Security official stated that the agency “does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation,” extending the contentious discussion surrounding Mr. Abrego Garcia’s situation. Bukele firmly asserted to reporters, “I do not have the power to return Mr. Abrego Garcia to the U.S.”
“The question is preposterous. How can I smuggle a terrorist into the United States?” Bukele emphasized, reflecting the Trump administration’s claims that Mr. Abrego Garcia is affiliated with the notorious MS-13 gang.
These comments came shortly after U.S. Attorney General Pam Bondi stated that the United States only needed to “provide a plane” for Mr. Bukele if he wished to facilitate Mr. Abrego Garcia’s return. Lawyers representing Mr. Abrego Garcia refuted the allegations of gang membership, arguing that the U.S. has failed to present credible evidence to support such claims.
Mr. Abrego Garcia was deported to El Salvador on March 15. President Trump had previously questioned whether his administration would continue to follow the order to return “sick people,” including those wrongfully deported.
“The foreign policy of the United States is conducted by the president of the United States, not by a court,” Secretary of State Marco Rubio remarked during the same Oval Office meeting. President Trump expressed a commitment to deport as many undocumented individuals as possible back to El Salvador while assisting Mr. Bukele in the construction of additional prisons.
On Saturday, ten more alleged gang members were deported to El Salvador. These migrants are housed in a facility known as the Terrorism Confinement Centre, which has faced criticism for alleged human rights abuses. Critics argue that Bukele’s anti-gang initiatives have indiscriminately detained numerous individuals without due process. In defense of his policies, Bukele told Trump, “I like to say that we actually liberated millions.” The U.S. president humorously asked, “Do you think I can use that?”
The State Department recently improved its travel advisory for El Salvador to the safest level, commending Bukele for his efforts to reduce gang violence and criminal activity.
However, lawyers and families of the migrants held in El Salvador maintain that these individuals are not gang members and have been denied the opportunity to contest the U.S. government’s assertions regarding their affiliations.
The Trump administration insisted that it thoroughly vetted migrants to confirm their ties to gangs such as Tren de Aragua and MS-13, which it labels as terrorist organizations. Following a judge’s order to return migrants processed under the 1798 Alien Enemies Act to the U.S., Bukele mockingly posted on social media, “Oopsie… Too late,” alongside footage showing deportees being expedited off a flight at night.
Indeed, a prior immigration judge granted Mr. Abrego Garcia protection from deportation back to El Salvador, citing the potential for gang violence he might face there. He had lived in the U.S. since 2011 and held a work permit. Just last week, the Supreme Court upheld a lower court ruling instructing the administration to “facilitate and effectuate” his return, though it expressed uncertainty over the term “effectuate” and its implications for judicial authority.
A hearing is scheduled for today, where legal experts anticipate Judge Paula Xinis may press the Trump administration to clarify whether it effectively communicated to Mr. Bukele to refuse Mr. Abrego Garcia’s release, potentially disregarding the court’s directive to facilitate his return. While the Supreme Court has asked Judge Xinis to refine her order with due regard for executive authority in foreign matters, some legal analysts argue that President Trump may be undermining the court’s authority by actively obstructing Mr. Abrego Garcia’s release.
“All that is total claptrap as applied to a case like this, where the only reason why the foreign country is holding the person is because the U.S. pushed them to do it and made an agreement under which they would do it,” stated George Mason University constitutional law professor Ilya Somin. “It’s very obvious that they could get him released if they wanted to.”
On Friday, President Trump remarked that his administration would comply with the Supreme Court’s directive to bring Mr. Abrego Garcia back if mandated.
Edited By Ali Musa
Axadle Times International–Monitoring.
