The Trump administration is under fire for refusing to retrieve a Salvadoran man deported in error, despite a Supreme Court order demanding his return to the U.S.
At a Glance
- Deportation ruled illegal by Supreme Court
- El Salvador refuses to release detained migrant
- DHS claims he’s MS-13; attorneys say it’s a smear
- Domestic abuse allegations further complicate case
- Case sparks major clash in U.S. immigration politics
Legal Showdown Over Deportation
Kilmar Abrego Garcia, a Salvadoran national who had been living legally in Maryland, was deported to El Salvador in March in what the Trump administration later admitted was an “administrative error,” as reported by Reuters.
The U.S. Supreme Court unanimously ruled that his deportation violated the law and ordered his return. However, the Trump administration has yet to enforce the ruling, arguing that it cannot compel a foreign nation to comply. Meanwhile, Salvadoran President Nayib Bukele has publicly refused to release Abrego Garcia, calling him a member of a “terrorist structure.”
Watch CBS News’ report on the incident at El Salvador won’t return man mistakenly deported from US.
Accusations Fly Over Gang Ties
According to NBC Washington, the U.S. Department of Homeland Security (DHS) claims Abrego Garcia is affiliated with the MS-13 gang. Their allegations stem from a 2019 incident in Maryland where he was found in a parking lot with individuals suspected of gang activity. A confidential informant labeled him as a gang “Chequeo,” or foot soldier.
But critics say the evidence is flimsy. Abrego Garcia was never charged in the 2019 case, and the police officer involved was later suspended for misconduct. Judge Paula Xinis expressed doubts about the credibility of the government’s evidence.
Domestic Violence Adds Fuel
Court documents, reported by Fox News, reveal past domestic violence accusations from Abrego Garcia’s wife, Jennifer Vasquez. She alleged that he struck her in 2020, leaving visible injuries. “I have multiple photos/videos of how violent he can be,” she stated.
However, Vasquez later clarified that the restraining order was precautionary and that the couple had attended counseling. She told reporters their relationship had stabilized and called the deportation devastating to their family.
A Case That’s Split the Country
Senator Chris Van Hollen has visited El Salvador to negotiate Abrego Garcia’s release, decrying the Trump administration’s inaction as a betrayal of justice. In an interview with New York Magazine, he condemned what he described as “government-funded kidnapping.”
On the other side, Homeland Security Secretary Kristi Noem blasted the coverage, saying in statements reported by Yahoo News that the media “peddle sob stories about gang members and criminal illegals” while ignoring their victims.
Families of Victims Speak Out
Relatives of violent crime victims have accused lawmakers of prioritizing non-citizens over Americans. The mother of Rachel Morrin, a Maryland woman who was murdered last year, condemned Senator Van Hollen’s efforts. “Why does that person have more rights than I do, or my daughter, or my grandchildren?” she asked, according to Fox News.
The Department of Homeland Security echoed those sentiments, stating, “Secretary Noem stands with the victims of illegal alien crime.”
Ongoing Diplomatic Crisis
Abrego Garcia remains incarcerated at the notorious CECOT prison in El Salvador. Human rights groups have flagged CECOT for abuse and overcrowding, warning that conditions there amount to torture. Despite the Supreme Court ruling, the Trump administration appears to be at an impasse, unable or unwilling to force El Salvador’s compliance.
As the legal and political firestorm rages, one question lingers: Can the U.S. enforce its own laws abroad—or will this become a new norm in immigration enforcement?
