Saturday

04-19-2025 Vol 1935

El Salvador President Refuses to Return Wrongly Deported Man Despite U.S. Supreme Court Ruling

El Salvador President Nayib Bukele stated that he would not return a man wrongly deported by the Trump administration, even after a Supreme Court ruling indicated that the United States should facilitate his return.

The case centers around Kilmar Abrego Garcia, 29, who had lived in the U.S. for 14 years before being deported.

The Trump administration labeled the deportation an “administrative error,” acknowledging that U.S. officials recognized it as a wrongful act.

Despite the U.S. acknowledging the mistake, officials contend that returning Abrego Garcia might interfere with El Salvador’s sovereignty.

“This is up to El Salvador to return him,” U.S. Attorney General Pam Bondi mentioned during a White House meeting with President Trump and Bukele.

Neither Bondi nor Trump requested Bukele, who was present in the Oval Office, to return the wrongly deported man.

When questioned by a reporter if he would release Abrego Garcia from a maximum-security prison and allow his return to the U.S., Bukele flatly responded, “Of course I’m not going to do it.”

Democrats criticized Bukele’s visit, asserting that Abrego Garcia’s deportation and incarceration exemplify the administration’s neglect for due process and legal standards.

“Once again, President Trump is cozying up to an aspiring dictator,” remarked Sen. Tim Kaine (D-Va.).

He added that the Bukele regime has, for years, detainment practices that envelop tens of thousands of Salvadorans without due process, confining them in overpopulated megaprisons.

Without offering any evidence, White House officials reiteratively claimed that Abrego Garcia is linked to the MS-13 gang and presents a risk if returned to the U.S.

However, Abrego Garcia possesses no criminal record.

He had been subjected to a withholding order that prohibited his deportation to El Salvador due to concerns over potential harm from local gangs.

The Supreme Court, in a recent 9-0 vote, deemed his deportation “illegal.”

“The order rightly mandates the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure his case is managed as if he had not been improperly sent there,” the justices stated.

Nonetheless, the Supreme Court scrutinized the lower court’s language stating that the U.S. government should “facilitate and effectuate” Abrego Garcia’s return, finding the term “effectuate” ambiguous.

Trump administration officials seized upon the court’s stance regarding the word “effectuate,” interpreting it as evidence that U.S. District Court Judge Paula Xinis overstepped by limiting presidential authority.

“It was 9-0 in our favor,” stated White House deputy chief of staff Stephen Miller, also controversially claiming that Abrego Garcia’s removal was justified rather than erroneous.

Despite the court’s order providing no mention of sole discretion, it did caution that the judge ought to act with “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”

Legal representatives for the Trump administration apparently interpret this statement as suggesting that facilitating the man’s return equates to taking no action.

“If [El Salvador] wanted to return him, we would facilitate it — meaning, providing a plane,” Bondi reaffirmed.

To this, Bukele retorted firmly, “How can I return him to the United States? I smuggle him into the United States? What do I do? Of course, I’m not going to do it.”

The subsequent steps now rest with Judge Xinis.

She has mandated administration lawyers to specify the measures they are undertaking to secure Abrego Garcia’s return, yet they maintained they had no additional information as of Sunday.

Xinis has the option to compel an administration official to appear in court and elucidate why the government has not escalated its actions.

Alternatively, she could find them in contempt of court for noncompliance.

Regardless, the case is anticipated to be appealed, likely returning to the Supreme Court.

Abrego Garcia, a Maryland resident, was deported on March 15 to the Terrorism Confinement Center, a substantial maximum-security prison in El Salvador.

Sen. Chris Van Hollen (D-Md.) did seek a meeting with Bukele during his trip to Washington.

Van Hollen reported he had been in contact with Abrego Garcia’s wife, mother, and brother, all expressing concerns for his safety in the Salvadoran prison.

“If Kilmar is not home by midweek — I plan to travel to El Salvador this week to check on his condition and discuss his release,” Van Hollen stated.

“This is ridiculous. The Trump Administration must bring Kilmar home NOW,” tweeted Sen. Alex Padilla (D-Calif.).

Trump’s remarks throughout the Oval Office meeting hinted at a potential continued pursuit of utilizing El Salvador as a foreign detention site for individuals he deems criminals, even if they are American citizens.

In a video shared by Bukele, Trump quietly stated to the president, “Homegrown criminals are next.”

Trump then suggested to Bukele, “You gotta build about five more places,” likely referencing the Terrorism Confinement Center, which houses 40,000 people, including alleged Venezuelan gang members deported by the Trump administration.

The Oval Office encounter highlighted the alignment of two leaders who share populist rhetoric and an inclination to dismiss democratic norms.

Bukele, a 43-year-old former marketing executive, has labeled himself an “instrument of God” and the “world’s coolest dictator.”

Ascending to power in 2019, Bukele rapidly captured global attention by making Bitcoin the first legal tender in El Salvador.

In response to some of the world’s highest homicide rates, his government initially sought to curb violence by discreetly negotiating a truce with gang members.

However, when that effort fell short, Bukele invoked a state of emergency that suspended civil liberties while authority figures imprisoned around 85,000 individuals, a significant portion of whom are men aged 18 to 35.

Numerous detainees, human rights advocates note, were not criminals, including children as young as 12.

Numerous inmates have also died in his prisons, fostering widespread complaints from pro-democracy activists and journalists.

Nonetheless, as homicide rates plummeted, Bukele’s approval ratings surged.

This popular support proved vital last year when he orchestrated a constitutional amendment permitting him to pursue a previously prohibited second term, securing 83% of the vote.

His rising popularity has made him a figure admired by some factions within the American right, with Bukele having addressed last year’s Conservative Political Action Conference and held meetings with personalities like Elon Musk.

Similar to Trump, Bukele disparages traditional media, opting to share his sentiments via TikTok rather than engaging in interviews with journalists.

A significant number of investigative journalists from El Salvador have sought refuge abroad due to a campaign targeting them with surveillance spyware.

Bukele’s administration has also engaged in confrontational tactics against human rights advocates, detaining a minimum of 21 according to the Washington Office on Latin America, a U.S.-based think tank.

The organization on Monday cautioned against Trump’s alliance with Bukele, remarking, “Behind the handshake and praise lie grave human rights violations and threats to democracy.”

image source from:https://www.latimes.com/politics/story/2025-04-14/salvadoran-president-says-he-wont-return-man-deported-by-mistake

Abigail Harper