Trump White House officials have suggested a U.S. Supreme Court order regarding the return of a Maryland man improperly deported to El Salvador has been satisfied, despite him remaining in prison in the Central American country.
The Supreme Court ordered on April 10 that the government must “facilitate” Kilmar Abrego Garcia’s return to the United States, but stoppped short of backing a lower court’s earlier directive that the government “effectuate”—or make happen—his return.
At a meeting in the Oval Office on Monday, U.S. Attorney General Pam Bondi suggested the government had satisfied that order by offering a plane to bring Abrego Garcia back but, in the same room, El Salvador’s president Nayib Bukele refused to allow it.
President Donald Trump‘s policy chief Stephen Miller also pointed to the Supreme Court not backing the “effectuate” order, suggesting its ruling had gone in the government’s favor.
US White House deputy chief of staff Stephen Miller speaks durging a bilateral meeting with U.S. President Donald Trump (right) and El Salvador’s President Nayib Bukele (inset) in the Oval Office of the White House…
US White House deputy chief of staff Stephen Miller speaks durging a bilateral meeting with U.S. President Donald Trump (right) and El Salvador’s President Nayib Bukele (inset) in the Oval Office of the White House on April 14.
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BRENDAN SMIALOWSKI/Pool via AP/Getty images/AP Photo
Why It Matters
The Supreme Court’s opinion pushed back against U.S. government lawyers’ argument that America’s highest court had no jurisdication once a person had been deported.
In a statement adjoining the opinion, three liberal justices rebuked the argument, which it said “implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene.”
The Trump administration’s interpretation of the ruling suggests it thinks it has largely already done so.
What To Know
Abrego Garcia, who lived in the U.S. for 14 years, was deported to El Salvador on March 15 despite an earlier court order barring his deportation to that country.
The U.S. Supreme Court on April 10 backed a lower court’s decision to “facilitate” his return, to allow a court hearing he was not given before being put on a plane out of the country.
The Supreme Court’s opinion stopped short of requiring the Trump administration to return Abrego Garcia to the U.S., telling U.S. District Judge Paula Xinis to clarify her directive to “effectuate”—or make happen—his return.
During an Oval Office meeting between Trump and El Salvador’s president Nayib Bukele on Monday, President Donald Trump was asked about his earlier commitment to follow the Supreme Court ruling.
Trump asked his policy chief Stephen Miller, “What was the ruling in the Supreme Court, Steve, was it 9-0?”
Miller appeared to focus on the Supreme Court’s decision on having to “effectuate” Abrego Garcia’s return. He said the high court ruled the lower court’s order was “unlawful and its main components were reversed 9-0 unanimously, stating clearly that neither Secretary of State nor the president could be compelled by anybody to forcibly retrieve a citizen of El Salvador from El Salvador who again is a member of MS-13.”
The Supreme Court’s opinion was unsigned, with no dissents noted.
Attorney General Pam Bondi, also in the room, suggested the government had satisfied the order to “facilitate” Abrego Garcia’s return by offering a plane to take him back to the U.S.
U.S. Attorney General Pam Bondi (sat on the right) in the Oval Office on Monday, alongside (L-R) President Donald Trump Vice President JD Vance and Secretary of State Marco Rubio. Standing (L-R) are Homeland Security…
U.S. Attorney General Pam Bondi (sat on the right) in the Oval Office on Monday, alongside (L-R) President Donald Trump Vice President JD Vance and Secretary of State Marco Rubio. Standing (L-R) are Homeland Security Secretary Kristi Noem and White House chief of staff Susie Wiles.
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“That’s up to El Salvador if they want to return him,” Bondi said. “That’s not up to us. The Supreme Court ruled that if El Salvador wants to return him … we would facilitate it, meaning provide a plane.”
But in the same meeting, Bukele ruled out alowing the return.
“I don’t have the power to return him to the United States,” he said.
“You want us to us to go back to releasing criminals so we can go back to being the murder capital of the world?” Bukele added. “That’s not going to happen.”
U.S. Immigration and Customs Enforcement in court filings admitted to an “administration error” in deporting him. The Trump administration has argued against returning him to the U.S. and claimed he has ties to the MS-13 gang, citing a 2019 allegation from Maryland police.
Attorneys for Abrego Gracia have denied the allegation that he is a gang member, saying the the U.S. government “has never produced an iota of evidence to support this unfounded accusation.”
What People Are Saying
A U.S. Supreme Court opinion on April 10 said: “The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” the Suprem Court said. “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
Pam Bondi said on Fox News: “President Bukele doesn’t want to give him back to the United States, nor do we want him back.”
Senate Minority Leader Chuck Schumer said in a statement on Monday: “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.”
Senator Chris Murphy, the Democrat from Connecticut, wrote on X on Monday: “Trump’s people are engaged in nuclear grade gaslighting. They say it’s up to El Salvador if they want to send him back. Bulls***. We bring people back all the time when we wrongfully remove them. They could get this guy in a hot second if they wanted to.”
Representative Nancy Pelosi, the Democrat from California, wrote on X: “In the Oval Office, President Trump sat in silence as El Salvadoran President Bukele smeared Kilmar Abrego Garcia as a ‘terrorist.’ SCOTUS ordered his return—but instead, the Trump Administration is defying the law, disappearing people and yielding to a fellow tyrant at the expense of the victim’s family.”
What’s Next
Abrego Garcia remains held in a notorious prison in El Salvador.