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El Salvador's President Nayib Bukele has taken a firm stance against returning Kilmar Armando Abrego Garcia, a Maryland man erroneously deported and imprisoned in El Salvador. The Trump administration, along with Bukele, dismissed arguments for his return, despite a U.S. Supreme Court opinion that urged the government to facilitate it, citing a lack of legal basis for Abrego Garcia's deportation and confinement.
During a meeting in the Oval Office, President Bukele remarked, “How can I return him to the United States? Like if I smuggle him into the United States?” He added, “Of course I’m not going to do it. The question is preposterous.” Former President Donald Trump also commented, criticizing the media, saying, “They’d love to have a criminal released into our country. These are sick people.”
The case has sparked concern from immigration advocates like Dylan Corbett, executive director of the Hope Border Institute. He stated, “We’re witnessing an erosion of fundamental due process protections.” He highlighted fears about the government's unchecked power to endanger individuals' lives and families, calling it contrary to American values.
An April 10 Supreme Court opinion without dissenters stated there was no legal basis for Abrego Garcia’s deportation. It highlighted a 2019 immigration judge's order that should have prevented his removal due to potential persecution in El Salvador. The opinion criticized the government for dismissing the deportation as an "oversight."
In response, a Department of Justice spokesperson emphasized the executive branch's primacy in foreign affairs, as recognized by the Supreme Court. Secretary of State Marco Rubio supported this view, asserting, “The foreign policy of the United States is conducted by the president of the United States, not by a court.”
In March, the Trump administration employed the Alien Enemies Act, a wartime law, to deport individuals allegedly linked to a Venezuelan gang. This action included Abrego Garcia, although his lawyers dispute his gang affiliation and note his legal U.S. status.
Policy expert J. Kevin Appleby warned about the broader implications, suggesting the administration might continue to circumvent Supreme Court rulings, posing a threat to democratic power balance. He remarked, “To suggest that El Salvador would not return Mr. Abrego Garcia at the request of the U.S. is disingenuous.”
Catholic social teaching on immigration emphasizes balancing the rights of migrants and nations, advocating for justice and mercy in border regulation.
Kate Scanlon, a national reporter for OSV News, covers Washington on X at @kgscanlon.
