Controversy Over Deportation: El Salvador Refuses to Return Man U.S. Claims Was Mistakenly Removed
In a diplomatic standoff that highlights rising tensions between judicial authority and executive decisions, El Salvador’s President Nayib Bukele has firmly rejected U.S. requests to return Kilmar Abrego Garcia, a man allegedly deported from the United States in error. The situation, which has sparked legal and political backlash, continues to raise questions about international cooperation and the rule of law.
“I’m not smuggling him back” — Bukele
Speaking alongside former President Donald Trump during an Oval Office meeting, Bukele dismissed the possibility of returning Garcia. "How can I return him to the United States? Like if I smuggle him into the United States?" he said. Bukele added, “Of course I’m not going to do it. The question is preposterous.”
Bukele also implied that Garcia, who was sent to a high-security prison in El Salvador, would not be released. "We’re not very fond of releasing terrorists," he remarked.
U.S. Administration in Conflict Over Deportation Error
Initially, the U.S. Department of Justice (DOJ) acknowledged that Garcia’s deportation violated a 2019 immigration court order, which specifically barred his removal to El Salvador. The Supreme Court later deemed the deportation illegal and ordered the U.S. government to “facilitate” Garcia’s return.
However, in a sudden shift, White House adviser Stephen Miller told Fox News that the deportation was intentional, calling Garcia “the right person sent to the right place.” He also accused a DOJ attorney—who described the deportation as a mistake—of being a political “saboteur.”
Legal and Political Fallout
Garcia, who had resided in Maryland, has never been criminally charged in either country. An immigration judge once labeled him a gang affiliate based on an unverified informant claim and his wearing of a Chicago Bulls hoodie. Judge Paula Xinis deemed the evidence insufficient and criticized the lack of due process.
Despite the Supreme Court ruling, U.S. officials now argue that they have no authority to extract Garcia from El Salvador. “DHS does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation,” stated acting DHS counsel Joseph Mazzara.
White House Reaction and Legal Repercussions
Senators such as Chris Van Hollen and Chuck Schumer condemned both the Salvadoran and American responses. Schumer declared the deportation a gross violation of due process and demanded Garcia’s immediate return.
The U.S. government had reportedly paid $6 million to El Salvador to detain individuals linked to the MS-13 and Tren de Aragua gangs, though Garcia’s actual affiliation remains unsubstantiated. His lawyers argue that his continued imprisonment is unconstitutional and a failure of U.S. responsibility.
Unresolved Crisis
As of now, Garcia remains in the Terrorism Confinement Center in El Salvador. His legal team, led by Murray Osorio PLLC, called the U.S. government's stance a "constitutional failure" and urged for urgent diplomatic and legal action.
“Let us be clear: the responsibility to return Mr. Abrego Garcia lies squarely with the United States government,” the firm stated.