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Kilmar Abrego Garcia

Abrego Garcia’s Wrongful Deportation Case More About Individual Rights Than Trump’s Foreign Policy

Trump administration officials have repeatedly claimed that judges who order the administration to take action to bring deported Venezuelans back from the El Salvador prison where the U.S. sent them are meddling in the conduct of foreign policy. “The foreign policy of the United States is conducted by President Donald J. Trump − not by a court − and no court in the United States has a right to conduct the foreign policy of the United States,” Secretary of State Marco Rubio said on April 14. His comments refer to cases including that of Kilmar Abrego Garcia, a 29-year-old Salvadoran man who was deported to El Salvador on March 15, 2025, without any due process.

Failing To Rise To The Constitutional Crisis

As the Trump administration openly defies court orders to return a man wrongfully deported to a notorious mega-prison in El Salvador, some American outlets are underplaying the significance of this constitutional crisis. In a unanimous decision the Supreme Court “declined to block a lower court’s order to ‘facilitate’ bringing back Kilmar Ábrego García,” a Salvadoran who had legal protections in the United States and was wrongfully sent to El Salvador’s Terrorism Confinement Center, or CECOT (BBC, 4/11/25). The White House is not complying (Democracy Docket, 4/14/25). “The federal courts have no authority to direct the executive branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” Trump’s Justice Department insists (CNN, 4/15/25). Fox News (4/16/25) said of Attorney General Pam Bondi: “Bondi Defiant, Says Ábrego García Will Stay in El Salvador ‘End of the Story.’”

Salvadoran President Refuses To Return Wrongfully Deported Man

“Of course I’m not going to do it,” Salvadoran President Nayib Bukele told reporters when asked if he would return the wrongfully deported Maryland worker Kilmar Abrego Garcia to the United States. Bukele was surrounded by Trump administration officials and seated next to President Trump himself in the Oval Office, who smiled at the Central American leader in approval. Bukele claimed that returning the 27-year-old Maryland sheet metal worker would be akin to smuggling “a terrorist into the United States.” Neither the US or El Salvador’s governments have provided any evidence that Garcia participated in gang or criminal activity.

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