President Donald Trump’s top advisers and Nayib Bukele, the president of El Salvador, said Monday that they have no basis for the small Central American nation to return a Maryland man who was wrongly deported there last month. Bukele called the idea “preposterous” even though the U.S. Supreme Court has called on the administration to “facilitate” Kilmar Abrego Garcia’s return.
Trump administration officials emphasized that Abrego Garcia, who was sent to a notorious gang prison in El Salvador, was a citizen of that country and that the U.S. has no say in his future. And Bukele, who has been a vital partner for the Trump administration in its deportation efforts, said “of course” he would not release him back to U.S. soil.
“The question is preposterous. How can I smuggle a terrorist into the United States?” Bukele, seated alongside Trump, told reporters in the Oval Office Monday. “I don’t have the power to return him to the United States.”
In a court filing Monday evening, Joseph Mazzara, the acting general counsel for the Department of Homeland Security, said it “does not have authority to forcibly extract” Abrego Garcia from El Salvador because he is “in the domestic custody of a foreign sovereign nation.”
Mazarra also argued that Abergo Garcia is “no longer eligible for withholding of removal” because the U.S. designated MS-13 as a foreign terror organization. Abergo Garcia’s attorneys say the government has provided no evidence that he was affiliated with MS-13 or any other gang.
The refusal of both countries to allow the return of Abrego Garcia, who had an immigration court order preventing his deportation over fears of gang persecution, is intensifying the battle over the Maryland resident’s future. It has also played out in contentious court filings, with repeated refusals from the government to tell a judge what it plans to do, if anything, to repatriate him.
The judge handling the case, Paula Xinis, is now considering whether to grant a request from the man’s legal team to compel the government to explain why it should not be held in contempt.
The fight over Abrego Garcia also underscores how critical El Salvador has been as a linchpin of the U.S. administration’s mass deportation operation.
How Bukele is helping with Trump’s immigration crackdown
Since March, El Salvador has accepted from the U.S. more than 200 Venezuelan immigrants — whom Trump administration officials have accused of gang activity and violent crimes — and placed them inside the country’s maximum-security gang prison just outside of the capital, San Salvador. That prison is part of Bukele’s broader effort to crack down on the country’s powerful street gangs, which has put 84,000 people behind bars and made Bukele extremely popular at home.
Trump wants to expand his deportation plans
The president has said openly that he would also favor El Salvador taking custody of American citizens who have committed violent crimes, a view he repeated Monday.
“We have bad ones too, and I’m all for it because we can do things with the president for less money and have great security,” Trump said during the meeting. “And we have a huge prison population.” It is unclear how lawful U.S. citizens could be deported elsewhere in the world.
Before the press entered the Oval Office, Trump said in a video posted on social media by Bukele that he wanted to send “homegrowns” to be incarcerated in El Salvador, and added that “you’ve got to build five more places,” suggesting Bukele doesn’t have enough prison capacity for all of the U.S. citizens that Trump would like to send there.
The high court weighs in, and the administration response
The Supreme Court has called for the Trump administration to “facilitate” the return of Abrego Garcia.
Trump indicated over the weekend that he would return Abrego Garcia to the U.S. if the high court’s justices said to bring him back, saying “I have great respect for the Supreme Court.” But the tone from top administration officials was sharply different Monday,
“He’s a citizen of El Salvador,” said Stephen Miller, a White House deputy chief of staff. “So it’s very arrogant, even for American media, to suggest that we would even tell El Salvador how to handle their own citizens.”
Bondi asserted that two immigration court judges — who are under Justice Department purview — found that Abrego Garcia was a member of MS-13. The allegation is based on a confidential informant’s claim in 2019 that Abrego Garcia was a member of a chapter in New York, where he has never lived.
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