President Nayib Bukele of El Salvador publicly rejected the possibility of returning Kilmar Abrego Garcia to the United States, despite a Supreme Court ruling that found Garcia's deportation was illegal and directed the Biden administration to "facilitate" his return. The matter has escalated into a diplomatic standoff between Washington and San Salvador, with President Donald Trump's advisers defending the deportation and casting doubt on the judiciary's authority over foreign policy.
"How can I return him to the United States? Like if I smuggle him into the United States?" Bukele said Monday, seated next to Trump in the Oval Office. "Of course I'm not going to do it. The question is preposterous." When asked whether Garcia would be released in El Salvador, Bukele replied, "We're not very fond of releasing terrorists."
Garcia, a Maryland resident, was deported in March despite a 2019 immigration court order that explicitly barred his removal to El Salvador due to concerns of gang retaliation. He has not been charged with any crime in either country. Federal judges, including U.S. District Judge Paula Xinis and the Supreme Court, have criticized the removal as unlawful. "The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador," the Supreme Court stated, labeling the deportation an "administrative error."
Nonetheless, top administration officials downplayed the court's findings. "He was not mistakenly sent to El Salvador," White House adviser Stephen Miller said on Fox News. "This was the right person sent to the right place." He added that if Garcia were returned, "he would be deported the second time to El Salvador."
Secretary of State Marco Rubio echoed the administration's stance, telling reporters, "The foreign policy of the United States is conducted by the president of the United States, not by a court." Attorney General Pam Bondi added that if El Salvador wished to send Garcia back, "we would facilitate it, meaning provide a plane. That's up for El Salvador if they want to return him. That's not up to us."
Garcia is currently detained in El Salvador's Terrorism Confinement Center, a maximum-security prison built under Bukele's anti-gang crackdown, which has jailed over 84,000 people. Bukele struck a $6 million agreement with the U.S. to imprison deportees accused of gang affiliations, including members of MS-13 and Venezuela's Tren de Aragua.
The Trump administration alleges Garcia is affiliated with MS-13, though the claim is based on a single confidential informant and his possession of a Chicago Bulls hoodie - a detail Xinis criticized as "a singular unsubstantiated allegation." Garcia denies any gang involvement.
Despite Trump's earlier suggestion that he would follow the Supreme Court's order out of "respect," the administration has maintained a firm position. Miller claimed the Department of Justice lawyer who admitted the removal was erroneous had been dismissed for being a "saboteur." However, Solicitor General D. John Sauer reaffirmed the error in filings to the high court last week.
Judge Xinis has ordered the administration to disclose what steps it is taking to comply with the court's directive. In a weekend filing, the government revealed Garcia is "alive and secure" in custody but did not indicate any progress toward his repatriation. A hearing is scheduled for Tuesday to determine whether the administration will face contempt proceedings.
Meanwhile, Trump told Bukele he would support El Salvador taking more foreign and even domestic criminal detainees. "We have bad ones too, and I'm all for it because we can do things with the president for less money and have great security," he said.
