Trump administration claims they don't have to help return man sent to El Salvador's notorious mega-prison despite Supreme Court ruling
A high-stakes legal battle is brewing that could dramatically redefine the limits of presidential power over immigration enforcement.
Mistaken Deportation Leads to International Incident
Kilmar Armando Abrego Garcia was mistakenly deported to El Salvador last month, despite having protected status specifically preventing his removal to that country.
The man now finds himself detained in CECOT, El Salvador's infamous mega-prison known for its harsh conditions and overcrowding.
US District Judge Paula Xinis ordered the administration on Friday to "take all available steps to facilitate" Abrego Garcia's return to the United States.
Supreme Court Weighs In
The case has already reached the Supreme Court once, with the justices backing Judge Xinis's directive that US officials must facilitate bringing Abrego Garcia back.
However, the high court noted the judge's order needed clarification, particularly regarding "the deference owed to the Executive Branch in the conduct of foreign affairs."
This qualification has created an opening that the administration appears eager to exploit.
A Family Left in Limbo
Jennifer Vasquez Sura, Abrego Garcia's wife, has been publicly pleading for her husband's return during news conferences in Maryland.
The family's ordeal began when ICE officials deported Abrego Garcia despite his 2019 protected status that explicitly prohibited sending him to El Salvador.
He had fled gang violence in El Salvador more than a decade ago.
New Claims About Gang Affiliation
In a stunning development, a senior Immigration and Customs Enforcement official now claims Abrego Garcia "is no longer eligible for withholding of removal."
The administration alleges he's a member of the MS-13 gang, which the Trump administration has designated as a foreign terrorist organization.
This new claim suggests that even if Abrego Garcia were returned to the US, the administration would work quickly to deport him again.
The Administration's Remarkable Legal Argument
At the heart of this case is an extraordinary assertion by the Trump administration that could fundamentally reshape the separation of powers.
"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," Justice Department attorneys wrote in their filing on Sunday.
The administration's interpretation of the word "facilitate" is particularly narrow.
They argue it means only "taking all available steps to remove any domestic obstacles" that would impede Abrego Garcia's ability to return.
Critically, they do not believe they are required to actively work with El Salvador to secure his release and return.
The administration is now openly defying what many legal experts interpret as a clear directive from both a federal judge and the Supreme Court to work toward bringing Abrego Garcia back to the United States.
This interpretation effectively means the administration believes it can acknowledge the wrongful deportation while simultaneously refusing to take meaningful action to remedy the situation.
Meanwhile, according to Saturday's filing, Abrego Garcia remains "alive and secure" in El Salvador's Terrorism Confinement Center—a prison that human rights organizations have criticized for its conditions.
As this constitutional showdown unfolds, a man mistakenly deported remains imprisoned in one of the Western Hemisphere's most notorious detention facilities, caught in a power struggle between the judicial and executive branches of the US government.
