SAN SALVADOR / WASHINGTON — El Salvador’s President Nayib Bukele has declined to facilitate the return of Kilmar Abrego Garcia, who was wrongly deported by the United States, arguing that he lacks the authority to do so. A federal judge had earlier ruled that the U.S. government must bring Abrego Garcia back, but the Trump administration challenged the decision, questioning whether the judge had the power to enforce such an order.
El Salvador’s President Nayib Bukele has refused to facilitate the return of Kilmar Abrego Garcia, a man who was wrongfully deported by the United States, despite a federal court order mandating his return. Bukele asserted he lacks the authority to carry out such an action and echoed claims made by the Trump administration accusing Abrego Garcia of gang ties—claims that have been widely disputed.
“The question is preposterous. How can I smuggle a terrorist into the United States?” Bukele said, dismissing the court ruling. He repeated unproven allegations that Abrego Garcia is a member of the notorious MS-13 gang, a claim that formed the basis of his deportation under the Trump administration.
A Controversial Deportation
Abrego Garcia, now in his late 20s, was deported to El Salvador last month in what U.S. officials later described as “an administrative error.” Despite admitting the mistake, Trump-era officials insisted he posed a threat, labeling him a gang member without presenting public evidence.
In a now-public Oval Office meeting during his presidency, Donald Trump praised Bukele for cooperating with U.S. deportation efforts and for granting asylum to individuals removed from the United States. Trump also promised U.S. funding to help El Salvador expand its prison infrastructure, part of a broader crackdown on gang activity in the region.
Who Is Kilmar Abrego Garcia?
Abrego Garcia entered the United States without documentation in 2011 at the age of 16. He settled in Maryland with his brother, worked in construction, and later started a family with Jennifer Vasquez Sura, a U.S. citizen. By 2018, the couple was raising three children together—two with autism and one with epilepsy.
In 2019, Abrego Garcia was arrested outside a Home Depot based on allegations from a confidential informant who claimed he was tied to MS-13 in New York—a state Abrego Garcia had reportedly never even visited. While in detention, he applied for asylum and married Vasquez Sura. A judge ultimately ruled that he could not be deported due to a credible fear of gang violence in El Salvador. Immigration and Customs Enforcement (ICE) released him.
For years after his release, Abrego Garcia complied with all ICE check-ins and was issued work permits. He became a union sheet metal apprentice and continued to provide for his family.
Renewed Arrest Under Terrorism Policy
In 2020, following the Trump administration’s decision to designate MS-13 as a foreign terrorist organization, Abrego Garcia was arrested again—this time outside an Ikea. ICE officials cited circumstantial evidence to justify the arrest, including family outings and a photo of him playing basketball. Despite the questionable grounds, he was ultimately deported to El Salvador.
Legal Battle Over Return
A federal judge later ruled that the U.S. government must return Abrego Garcia, stating that the deportation violated due process and defied prior legal protections. However, the Trump administration challenged the judge’s authority to enforce the return.
While the U.S. Supreme Court eventually upheld the judge’s order, it cast doubt on its enforceability. The ruling questioned whether the term “effectuate” provided the judge with the power to compel the government to bring Abrego Garcia back.
White House Deputy Chief of Staff Stephen Miller defended the administration’s position, stating, “His status was he’s an illegal alien who’s been ordered deported, which means he can be indefinitely detained and removed to any other country in the world.”
Ongoing Uncertainty
Despite growing calls from immigrant rights groups and legal experts to comply with the court order and bring Abrego Garcia back, the Biden administration has remained largely silent. Bukele’s refusal to cooperate adds a further diplomatic complication, as the fate of Abrego Garcia—and the family he left behind—remains uncertain.
For now, Abrego Garcia resides in El Salvador under tight surveillance. His legal team continues to push for his return, arguing that his deportation was not only unlawful but a violation of his basic human rights.