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El Salvador Refuses to Return Man Deported in Error, Bukele Tells Trump
During a meeting at the Oval Office alongside U.S. President Donald Trump, El Salvador’s President Nayib Bukele informed reporters that he would not repatriate a man whom the Justice Department acknowledged was mistakenly deported to his country. The individual, Kilmar Abrego Garcia, is at the center of a legal and diplomatic dispute following his erroneous removal from the United States.
Bukele Rejects Return of Deportee, Cites Security Concerns
“How can I return him to the United States? Should I smuggle him into the United States? Of course, I’m not going to do it. The premise is absurd,” Bukele stated when queried about the possible return of Kilmar Abrego Garcia. “We are not inclined to release terrorists,” he added, raising questions about unsubstantiated allegations against Garcia.
Trump Criticizes Media, Presses El Salvador to Accept More Deportees
President Trump then addressed Bukele, directing comments towards the assembled press: “They would welcome having a criminal released into our country. These are deranged people.” He further expressed his desire for Bukele to accept “as many criminals as possible,” a statement that has drawn criticism given Garcia’s lack of criminal charges in the U.S.
Disputed Deportation and Conflicting Accounts
Despite no criminal charges ever being filed against Garcia in either the U.S. or El Salvador, Justice Department officials have conceded that his deportation to El Salvador was an error. A 2019 ruling by an immigration judge prohibited his removal to that country, and the Supreme Court deemed his deportation unlawful.
Supreme Court and Justice Department Acknowledge Error
The Supreme Court instructed the administration to “facilitate” Garcia’s return, while also respecting presidential authority. This directive followed acknowledgements from the Justice Department that Garcia should not have been deported due to the existing court order.
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Administration Officials Offer Conflicting Views
However, confusion persists within the administration regarding the matter. Secretary of State Marco Rubio stated he did not comprehend “the confusion” surrounding the order, asserting that “the foreign policy of the United States is conducted by the president…not by a court.”
Attorney General Pam Bondi suggested the onus was on El Salvador, stating, “If they want to return him, we would facilitate it, meaning provide a plane. That’s up to El Salvador if they want to return him. That’s not up to us.”
White House Advisor Defends Deportation
These statements contrast sharply with remarks made by top White House advisor Stephen Miller, who told Fox News that Garcia was “sent to the right place.” Miller refuted the Justice Department’s multiple court filings citing “an administrative error” as the reason for Garcia’s deportation to a Salvadoran prison.
“This was the right person sent to the right place,” Miller insisted, directly contradicting the Supreme Court’s critique of the deportation. The high court emphasized, “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal,” based on the Justice Department’s own admission of an “administrative error.”
Miller further argued that if Bukele were to return Garcia, “he would be deported the second time to El Salvador,” implying continued efforts to prevent Garcia’s return to the U.S.
Gang Affiliation Allegations and Lack of Criminal Record
The Trump administration has a $6 million agreement with El Salvador to detain deportees alleged to be members of the Venezuelan gang Tren de Aragua and MS-13, both labeled as foreign terrorist organizations by the administration.
An immigration judge in 2019 cited Garcia’s supposed affiliation with MS-13, an accusation he refutes. Federal Judge Paula Xinis, presiding over the case for Garcia’s return, highlighted that he has no criminal history in the U.S. or El Salvador. Judge Xinis described the gang affiliation charge as based on “a singular unsubstantiated allegation.”
“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie, and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never resided,” Judge Xinis elaborated.
Conflicting Legal Interpretations
In his Fox interview, Miller asserted that Garcia’s purported MS-13 membership nullified the order preventing his deportation to El Salvador, a position the government has not officially presented in court.
Judge Xinis, in a ruling endorsed by the Supreme Court, instructed the administration to “facilitate” Garcia’s return, which Miller interpreted as merely requiring the U.S. to permit his reentry if El Salvador chose to send him back.
Miller also dismissed the government’s admission of error as originating from “a DOJ lawyer who has since been relieved of duty, a saboteur, a Democrat.” However, this representation of an error was not solely from the attorney Miller referenced. U.S. Solicitor General D. John Sauer also characterized the deportation as an “administrative error” in a Supreme Court filing the previous week.