El Salvador won’t return wrongly deported Maryland man
Attorney General Pam Bondi, sitting near Trump, said it is up to El Salvador’s leaders to decide if they want to return him.
By Myah Ward and Eli Stokols
El Salvador President Nayib Bukele said in the Oval Office on Monday he would not return Kilmar Abrego Garcia — a Maryland man illegally deported to El Salvador — to the United States, as Trump administration officials vehemently argued they were in no position to force the decision.
“How can I return him to the United States? Am I going to smuggle him? Of course I’m not going to do it,” Bukele said while sitting beside President Donald Trump. “The question is preposterous.”
The Supreme Court last week said the Trump administration must “facilitate” Abrego Garcia’s return to the United States, while leaving in place much of U.S. District Judge Paula Xinis’ order that specifically required his “return” to the country.
The president deferred to his top administration officials Monday, including Attorney General Pam Bondi, senior adviser Stephen Miller and Secretary of State Marco Rubio, to field questions about the administration’s intentions, in what appeared to be an orchestrated effort to deliver a forceful, consistent response. Bondi, sitting near Trump, said it is up to El Salvador to decide if they want to return him.
“That’s not up to us,” she said, pointing to the Supreme Court ruling. “If they wanted to return him, we would facilitate it, meaning provide a plane.”
Rubio also chimed in, suggesting that the ruling affirmed the power of the executive: “The foreign policy of the United States is conducted by the president of the United States, not by a court,” he said. “And no court in the United States has a right to conduct the foreign policy of the United States.”
The administration’s interpretation of the court’s ruling is unlikely to defuse the ongoing legal battle over Abrego Garcia. Xinis is scheduled to hold another hearing Tuesday to evaluate whether the administration is complying with her order to facilitate Abrego Garcia’s return. And the Supreme Court may soon have to weigh in again to clarify precisely what steps — if any — the United States must take to try to bring him back in the face of Bukele’s insistence that he will not release him.
But critics and legal experts have argued that the case sets a dangerous precedent of allowing the executive branch the expansive and chilling power to imprison individuals in different countries without due process — especially as Trump continues to float sending U.S. citizens to El Salvador’s Terrorism Confinement Center.
“Home-growns are next. The home-growns,” Trump told Bukele. “You gotta build about five more places. It’s not big enough.”
The Abrego Garcia case has captured national attention after the Trump administration said last month that it had deported him to El Salvador in error, a move that violated a 2019 court order that prevented him from being deported to his home country due to potential persecution by a local gang. He was denied asylum at the time, but until his deportation last month, he had remained in Maryland, where he resided with his wife and children, all U.S. citizens.
The Trump administration confirmed Saturday that Abrego Garcia is alive but confined in El Salvador’s notorious mega-prison.
During the back and forth in the Oval Office, Trump criticized the reporter who pressed him on this matter, CNN’s Kaitlan Collins, insulting her for “low ratings” and stating that he’d prefer her to simply praise him for deporting “criminals.”
While Trump deflected and bristled at reporters’ questioning Monday, he over the weekend appeared to indicate that he U.S. has the authority to insist on Abrego Garcia’s return — comments that Abrego Garcia’s lawyers have since used in court filings.
Miller, a top Trump adviser on immigration and other issues, told reporters the U.S. shouldn’t interfere with how El Salvador handles its citizens.
“He’s a citizen of El Salvador, so it’s very arrogant, even for the American media, to suggest that we would even tell El Salvador how to handle their own citizens,” Miller said.
Bukele has been a key Trump ally and a major player in Central America as the White House looks to quickly deport undocumented immigrants. The Trump administration previously reached a one-year deal with El Salvador to imprison more than 200 alleged gang members earlier this year — an agreement announced days after Trump deported hundreds of Venezeualans to El Salvador on March 15.
The Trump administration has so far paid Bukele’s government $6 million to hold the deportees — a number that is likely to grow.
Trump invoked the 1798 Alien Enemies Act — which gives the president powers during wartime to detain and deport noncitizens — in March, removing Venezeulans who the administration claimed to be members of the Tren de Aragua gang, as well other immigrants, including Abrego Garcia. Trump administration officials have since said they plan to send more noncitizens to the mega-prison.
Monday’s Oval meeting came as former Blackwater CEO Erik Prince and his team of defense contractors have been pitching the White House on a plan to target “criminal illegal aliens” and designate part of the prison — which has drawn accusations of violence and overcrowding from human rights groups — as U.S. territory. Bukele and Trump were expected to discuss ways to vastly expand deportations to El Salvador, as well as the ideas laid out in the Prince proposal, POLITICO reported Friday.
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