The Trump administration announced on Monday that it will not facilitate the return of a Maryland resident who was mistakenly sent to a hard labor prison in El Salvador.
This decision comes despite a unanimous ruling from the Supreme Court affirming a lower-court directive that mandated the government to “facilitate” the man’s return to the U.S. This incident illustrates a concerning pattern of the Trump administration appearing to disregard judicial mandates, potentially undermining the rule of law.
Last month, President Donald Trump applied the Alien Enemies Act (AEA), a law from the 18th century designed for wartime purposes, to relocate Kilmar Abrego Garcia and several others to El Salvador.
During a meeting with President Nayib Bukele of El Salvador on Monday, Attorney General Pam Bondi asserted that the U.S. lacked the authority to compel El Salvador to return Abrego García.
White House advisor Stephen Miller claimed that the return of Abrego García would equate to “kidnapping” and an “invasion of El Salvador’s sovereignty,” while also misleadingly asserting that the Supreme Court had sided with the Trump administration.
When addressing questions about Abrego García’s return and the Supreme Court ruling, Bukele, who refers to himself as “the world’s coolest dictator,” derided the inquiries, stating he could not “smuggle” the individual back into the U.S.
The Justice Department has acknowledged in its court documents that the U.S. mistakenly transferred Abrego García to El Salvador. An immigration judge previously determined that he should not be deported to his home country due to the risk of persecution and torture from gangs that extorted his family.
Earlier this month, a federal court in Maryland instructed the Trump administration to return Abrego García to the U.S., a ruling that the 4th U.S. Circuit Court of Appeals upheld. The Trump administration has since filed an emergency petition with the Supreme Court to suspend the lower court’s order.
On Friday, the Supreme Court unanimously affirmed that the ruling “properly requires the Government to ‘facilitate’ Abrego García’s release from custody in El Salvador and to guarantee that his case is processed as it would have been had he not been wrongfully sent to El Salvador.”
Prior to his arrest, Abrego García had been living in Maryland for nearly 15 years and is married with three children, all of whom are U.S. citizens. He worked as an apprentice in sheet metal and is affiliated with the SMART labor union, which has condemned his arrest.
The Department of Justice (DOJ) has claimed in court documents that its interpretation of the Supreme Court’s order only requires the government to repatriate Abrego García if El Salvador chooses to release him.
A federal judge appointed by former President Ronald Reagan cautioned last week that if the DOJ’s argument is ultimately validated by the courts, it could create a loophole allowing the government to “send individuals to foreign prisons in violation of court orders and then argue, invoking its Article II powers, that it is no longer responsible for them, leaving no recourse.”
Abrego García’s attorney, Benjamin Osorio, informed ABC News that a contempt order from the courts might be necessary to encourage the U.S. government to bring him back home.
Currently, the Trump administration is paying El Salvador $6 million to incarcerate Abrego García and hundreds of other immigrants, most of whom reportedly have no criminal charges or convictions against them.
During statements made on Monday, both Bukele and Trump administration representatives repeatedly labeled Abrego García as a “terrorist” and affiliated him with MS-13, a gang that Trump designated a terrorist organization via executive order.
The Trump administration has yet to provide any evidence, whether in public or in court, confirming Abrego García’s alleged connections to the MS-13 gang. U.S. Immigration and Customs Enforcement previously accused him of being part of MS-13’s faction in New York, a place where he has never resided.
Before formal discussions began between Trump and Bukele, Trump advised the Salvadoran president to construct additional prisons because “the home-growns are next,” referring to U.S. citizens. During their conversation, Trump reiterated his desire to deport U.S. citizens to El Salvador.
