Trump wants to deport ‘homegrown’ U.S. citizens to El Salvadoran prison

WASHINGTON — El Salvador President Nayib Bukele won’t return a Maryland man the United States erroneously deported to a mega-prison in his Central American country, he said Monday during a visit to the Oval Office.

Sitting beside President Donald Trump, Bukele told reporters, “Of course I’m not going to do it.”

Administration officials present for the meeting defended the deportation of Kilmar Armando Abrego Garcia, a native of El Salvador who had a protective order from a U.S. immigration court shielding him from being sent back to his country because of risks to his life.

The administration admitted in court filings that it deported Abrego Garcia, of Beltsville, Maryland, by mistake.

“That’s up to El Salvador if they want to return him, that’s not up to us,” said Attorney General Pam Bondi.

“If they wanted to return him, we would facilitate it, meaning, provide a plane,” she added.

The Supreme Court issued a 9-0 decision Thursday stating the Trump administration must “facilitate” the return of Abrego Garcia.

U.S. Immigration and Customs Enforcement deported Abrego Garcia on March 15 among roughly 260 Venezuelan men the U.S. flew on commercial jets without due process to Centro de Confinamiento del Terrorismo, or CECOT.

ICE agents apprehended Abrego Garcia near Baltimore on March 12 when he was driving his 5-year-old son home. Abrego Garcia’s wife, Jennifer Vasquez Sura, a U.S. citizen, “was called and instructed to appear at their location within ten minutes to get her five-year old son, A.A.V.; otherwise, the ICE officers threatened that the child would be handed over to Child Protective Services,” according to a court filing.

Garcia has no criminal history in the U.S., El Salvador or any other country, according to the filing.

The Trump administration is paying the El Salvador government $6 million to detain the men, sparking questions over whether the payment violates U.S. human rights law.

Lawyers for many of the Venezuelan men maintain their clients weren’t gang members.

Trump triggered the deportations under the Alien Enemies Act of 1798, specifically targeting Venezuelans 14 and older who the administration suspected of having ties to the gang Tren de Aragua. 

Trump also told reporters in the Oval Office Monday that he wants to export “homegrown” criminals, as in U.S. citizens, to El Salvador and would be willing to assist Bukele in building more mega prisons.

“I’d like to include them in the group of people to get them out of the country, but you’ll have to be looking at the laws on that,” said Trump.

Rubio, Miller defend deportation

The administration maintains that immigration courts connected Abrego Garcia in 2019 to the violent El Salvadoran gang MS-13 but makes no mention of the protective order granted to Abrego Garcia by an immigration judge that same year.

In addition to Bondi, Secretary of State Marco Rubio and White House Deputy Chief of Staff Stephen Miller defended Abrego Garcia’s deportation and the administration’s refusal to cooperate with a court order to return him to the U.S.

Miller said Friday’s unanimous Supreme Court decision squarely landed on the side of the administration.

“This was a 9-0 (decision) in our favor against the district court ruling saying that no district court has the power to compel the foreign policy function of the United States,” Miller told reporters in the Oval Office Monday.

“The ruling solely stated that if this individual, at El Salvador’s sole discretion, was sent back to our country, that we could deport him a second time. No version of this legally ends up with him ever living here because he is a citizen of El Salvador,” Miller continued.

Bukele said the idea that El Salvador would return Abrego Garcia is “preposterous.” 

“How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States,” Bukele said.

The Department of State designated MS-13 as a foreign terrorist organization in February.

Rubio said he doesn’t understand “what the confusion is.”

“This individual is a citizen of El Salvador. He was illegally in the United States and was returned to his country,” Rubio said, adding that “foreign policy of the United States is conducted by the President of the United States, not by a court.”

Democratic Senate Minority Leader Chuck Schumer issued a statement Monday calling Bukele’s comments “pure nonsense.”

“The law is clear, due process was grossly violated, and the Supreme Court has clearly spoken that the Trump administration must facilitate and effectuate the return of Kilmar Abrego Garcia. He should be returned to the U.S. immediately. 

“Due process and the rule of law are cornerstones of American society for citizens and noncitizens alike and not to follow that is dangerous and outrageous. A threat to one is a threat to all,” Schumer said.

Daily updates

Abrego Garcia’s case is winding through the federal courts.

The administration was ordered Friday, after a standoff in court, to provide daily updates on Abrego Garcia’s physical location and status, and what steps the administration has taken or plans to take to facilitate his return.

Abrego Garcia’s wife sued Department of Homeland Security Kristi Noem and immigration officials in U.S. District Court for the District of Maryland last month, alleging her husband received no due process and his removal was unlawful.

District Judge Paula Xinis ordered the Trump administration to bring Abrego Garcia back to the U.S. by April 7.

A federal appeals court unanimously upheld the lower court’s order on April 7. The Trump administration missed the deadline and immediately appealed to the Supreme Court’s emergency docket.

The high court unanimously ruled Thursday that the administration must “facilitate” Abrego Garcia’s return but stopped short of requiring his return and did not give a deadline. The court also ordered Xinis to clarify language in the lower court’s ruling to test whether the court overreached into foreign affairs.

Editor’s note: This story first appeared on Colorado Newsline, which is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains editorial independence. Contact Editor Quentin Young for questions: info@coloradonewsline.com.