The Fight to Bring Kilmar Abrego Garcia Home Isn’t Over—And the Federal Government Is Still Ignoring Court Orders Like It’s Nothing
The drama surrounding Kilmar Abrego Garcia’s deportation has captivated the world. In 2019, a judge granted Abrego Garcia, a Maryland man, “withholding from removal” status. However, the federal government deported him to the mega prison CECOT in El Salvador. Officials claim it was an administrative error but they refuse to do anything to rectify the problem they created with the deportation. Here’s a breakdown of the fight to bring him home.
Immigration and Customs Enforcement (ICE) admitted they wrongfully deported Kilmar Abrego Garcia
A lengthy court battle started when U.S. District Judge James Boasberg ordered deportation planes to return to the U.S. The judge cited a lack of due process for those on the flights. The Trump administration defied the order. The deportation flights landed in El Salvador. More than 200 people were booked into the mega prison. Abrego Garcia was on one of those flights.
Abrego Garcia’s wife was able to identify him in videos released of the plane loads of people being booked into the prison. She immediately filed a lawsuit seeking the government to return him. Attorneys for the federal government are claiming that there is nothing that can be done to return Abrego Garcia. The claim is that since he is now in El Salvador, he is no longer in U.S. custody.
Abrego Garcia was granted “withholding from removal” status in 2019 from a judge yet he still slipped through the cracks and was sent to El Salvador. Another court case was filed and sought to compel the federal government to facilitate his return back to the U.S.
Judge Boasberg recently ruled that there is probable cause to hold the Trump administration in criminal contempt of court. The decision opens the doors for the judicial system to prosecute the federal government for its handling of Abrego Garcia’s deportation.
“The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory,” Judge Boasberg wrote in his decision.
The Supreme Court unanimously ordered Abrego Garcia’s return
The case made its way to the Supreme Court and, in a rare moment of unity, all nine justices ordered the U.S. to facilitate Abrego Garcia’s return. Yet, President Donald Trump has blatantly defied the Supreme Court ruling.
“The [district court] order properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” reads the Supreme Court decision.
Additionally, the Supreme Court ordered the Trump administration to provide evidence of what they are doing to facilitate the repatriation of Abrego Garcia to the U.S.
The Trump administration has not complied with the order. Instead, immigration officials have dug their heels in and are refusing to cooperate with lawful orders from the courts. The seemingly open defiance is troubling legal experts who are unsure how this will end.
El Salvador’s President Nayib Bukele saddled up to President Trump
In a meeting with President Trump, President Bukele claimed there was nothing he or El Salvador could do to return Abrego Garcia. Parroting the Trump administration’s dubious claims, President Bukele painted Abrego Garcia as a terrorist. There is no proof that he is connected to gang activity other than wearing a Chicago Bulls hat and hoodie. Additionally, they relied on one anonymous informant.
“How can I smuggle a terrorist into the United States? I don’t have the power,” President Bukele said while seated next to President Trump.
In a particularly chilling moment, President Trump told President Bukele that they would need to build onto the prison. As President Trump said on a hot mic, the “homegrowns” are next, hinting at the goal of sending American citizens to CECOT.
The idea has been slammed by experts as unconstitutional and illegal. However, a fear is growing that, like with Abrego Garcia, the Trump administration will not heed court orders. Instead, the administration seems to be pushing to work unilaterally to start targeting American citizens. It is unclear what will trigger the deportation of American citizens to the prison in El Salvador, but the concern is growing.
American politicians are going to El Salvador to find Abrego Garcia
Sen. Chris Van Hollen (D-MD) flew to El Salvador today to start the process of finding and checking on Abrego Garcia. The senator plans to apply pressure to both El Salvador and the U.S. to demand Abrego Garcia’s return.
“Following his abduction and unlawful deportation, U.S. federal courts have ordered the safe return of my constituent Kilmar Abrego Garcia to the United States,” Sen. Van Hollen said in a statement before flying to El Salvador. “It should be a priority of the U.S. government to secure his safe release.”
The lack of due process in the mass deportation dreams of the current administration is sending alarms through society. A nation built on laws is being led by a president with blatant disregard for laws that do not align with his dangerous goals. Abrego Garcia is one of several people who have been disappeared to CECOT in El Salvador. There are reports that up to 90 percent of the people deported to El Salvador have no criminal record.