El Salvador’s President Nayib Bukele has categorically stated that he will not return Kilmar Abrego Garcia to the United States after Attorney General Pam Bondi indicated that the decision rests with El Salvador regarding the man mistakenly deported to an El Salvador prison.
The comments from Bukele and Bondi took place in the Oval Office, where she was accompanied by President Trump as the world leaders met.
Over the weekend, the Justice Department expressed their willingness in court filings to take ‘all available steps to remove any domestic obstacles’ to facilitate Garcia’s return.
‘How can I return him to the United States?’ Bukele questioned during a press conference.
‘I smuggle him into the United States or what do I do? Of course, I’m not going to do it. The question is preposterous.’
Bukele has labeled Abrego Garcia as a ‘terrorist,’ asserting, ‘I don’t have the power to return him to the United States.’
Bondi addressed reporters before Bukele’s remarks, emphasizing that it is ‘up to El Salvador if they want to return him.’
She elaborated that ‘first and foremost, he was illegally in our country.’
‘That’s not up to us,’ Bondi continued. ‘The Supreme Court ruled, President, that if El Salvador wants to return him … we would facilitate it, meaning provide a plane.’
However, the Supreme Court did not include a qualifier regarding El Salvador’s willingness to return Abrego Garcia.
The court’s ruling confirmed that a lower court order duly required the government to ‘facilitate’ his release from custody in El Salvador.
In a recent ruling, the Supreme Court mandated the Trump administration to facilitate the release of the man, who resides in Maryland, although it ordered further proceedings in a federal district court.
U.S. District Judge Paula Xinis has mandated the Justice Department to provide daily updates on their efforts to return Abrego Garcia.
In the filing submitted on Monday, the Justice Department acknowledged Bukele’s comments in the Oval Office.
They stated, ‘DHS does not have the authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation.’
Abrego Garcia’s legal representatives assert that he has no connections to MS-13, nor has he ever been charged or convicted of any crime in the U.S. or El Salvador.
The Trump administration recognized that Garcia’s deportation to the high-security facility known as CECOT in El Salvador was an ‘administrative error.’
Michael G. Kozak, a senior State Department official, stated in a court filing, ‘It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador.’
‘He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador.’
Post-meeting, Abrego Garcia’s wife, Jennifer Vasquez Sura, criticized the political maneuvering from both the Trump and Bukele administrations, claiming they are ‘playing political games with his life.’
The Trump administration has conducted deportation flights for various foreign nationals described as members of the Tren de Aragua and MS-13 gangs.
A recent analysis by 60 Minutes revealed that 75% of Venezuelans deported to CECOT in El Salvador had no prior criminal records.
At least 22% of the deported individuals had criminal records in the U.S. or abroad, with the majority affiliated with non-violent offenses such as theft or shoplifting.
Only a small number faced serious allegations of violent crimes, including murder, rape, assault, and kidnapping.
It remains unclear if any criminal record exists for the remaining 3%.
Among those deported was Abrego Garcia, who lives in Maryland with his family and is originally from El Salvador, while his wife is a U.S. citizen.
In a surprising proposal, President Trump also expressed a willingness to consider sending U.S. citizens convicted of violent crimes to prisons in El Salvador.
Trump stated that his administration is currently reviewing the legal framework to assess if such action is feasible.
‘If it’s a homegrown criminal, I have no problem,’ he noted. ‘We’re studying the laws right now. Pam [Bondi] is studying. If we can do that, that’s good.’
Legal experts point out that transferring U.S. citizens to foreign prisons raises significant constitutional concerns.
In the 1936 case, Valentine v. United States, the Supreme Court found that a president cannot extradite a U.S. citizen unless there is congressional action.
President Bukele, known for his tough-on-crime policies, described his presence in Washington as an ‘honor’ and expressed his eagerness to assist in combating crime and terrorism.
He praised President Trump’s efforts to manage the U.S. southern border, citing the significant drop in crossings during Bukele’s administration, which has seen a sharp decline in crime rates in El Salvador.
In his Truth Social post announcing the meeting, Mr. Trump shared that the two nations ‘are working closely together to eradicate terrorist organizations and build a future of Prosperity.’
Trump remarked, ‘President Bukele has graciously accepted into his Nation’s custody some of the most violent alien enemies of the World and, in particular, the United States.’
He further highlighted that these individuals pose no further threat to American citizens now that they are under the control of El Salvador.’
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