Mistakenly Deported El Salvador

El Salvador’s President Nayib Bukele has declared he will not return Kilmar Abrego Garcia, a man the U.S. Justice Department admits was mistakenly deported to El Salvador. The Supreme Court previously ruled the deportation illegal and ordered the Biden administration to facilitate Abrego Garcia’s return.

Speaking at the White House alongside then-President Donald Trump, Bukele dismissed the idea. “How can I return him to the United States? Smuggle him in?” he said. “Of course, I’m not going to do it. The question is preposterous.”

When asked whether Abrego Garcia would be freed in El Salvador, Bukele replied sharply, “We’re not very fond of releasing terrorists.”

However, legal documents show that Abrego Garcia has no criminal record in either country. His lawyers, along with U.S. courts, argue that the deportation was unconstitutional.

Dispute Sparks Tensions Between Courts and Executive Branch

The Justice Department acknowledged that Abrego Garcia’s removal was an error. He had been under a judge’s 2019 order preventing his deportation to El Salvador due to safety concerns. Despite this, he was placed in the Terrorism Confinement Center in Tecoluca.

In a recent filing, the Department of Homeland Security claimed it lacked the authority to extract him from a foreign nation’s custody. Acting General Counsel Joseph Mazzara stated, “DHS does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation.”

This assertion came despite the Supreme Court’s directive requiring immediate facilitation of his return.

Trump Administration Defends Deportation | Wrongful Deportation Case

Former top adviser Stephen Miller refuted claims that the deportation was an accident. He argued that Abrego Garcia was “sent to the right place” and labeled him an MS-13 gang member—despite no official criminal charge.

Attorney General Pam Bondi supported Miller’s stance. She suggested that if El Salvador returned the man, the U.S. would only deport him again. Meanwhile, Senator Marco Rubio questioned the Supreme Court’s authority, saying that foreign policy is the president’s role, not the judiciary’s.

Notably, no officials during the press-observed Oval Office meeting asked Bukele to return Abrego Garcia.

Courts Push Back on Executive Interpretation – Abrego Garcia Removal

Federal Judge Paula Xinis stated that the evidence against Abrego Garcia was “unsubstantiated.” The only details presented were his hoodie, a Chicago Bulls hat, and a vague statement from an anonymous source claiming gang affiliation.

Further, the judge emphasized that Abrego Garcia had never lived in New York, where the alleged MS-13 clique operated.

She ordered that the government “take all available steps” to ensure his return. So far, those steps appear minimal.

Human Rights and Legal Concerns Grow

Abrego Garcia’s lawyers from Murray Osorio PLLC are demanding immediate action. In a public statement, they wrote:

“Let us be clear: the responsibility to return Mr. Abrego Garcia lies squarely with the United States government. His deportation was not just an administrative error—it was a constitutional failure.”

The lawyers argued that delays show a blatant lack of accountability and warned that his ongoing detention violates international human rights law. They also pointed out that the U.S. pays $6 million to detain individuals like him in El Salvador’s prison system, suggesting more U.S. control than claimed. | Mistakenly Deported El Salvador

U.S. Lawmakers Demand Compliance

Senate leaders from both parties criticized the situation. Senator Chris Van Hollen called the U.S. administration’s stance “absolutely unsustainable.” He added, “The courts must act to sanction those ignoring their orders.”

Senate Minority Leader Chuck Schumer labeled Bukele’s remarks “nonsense” and emphasized that the Supreme Court had clearly stated that Abrego Garcia must be returned.

Conclusion: Legal Showdown Over Deportation Continues

The case highlights a growing clash between executive authority and judicial oversight. While the Supreme Court has ruled in favor of Kilmar Abrego Garcia, El Salvador remains unmoved. Meanwhile, the U.S. administration maintains that it lacks the power to bring him back—even as legal experts insist otherwise.

As the hearing approaches, all eyes are on the court’s next move—and whether justice will be served for the man at the center of this high-stakes immigration battle. > NBC News Source

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