Abu Sabet: Although the Supreme Court has ordered the return of a man mistakenly deported to a prison in El Salvador, both the Trump administration and Kilmar Abrego Garcia’s attorneys are claiming victory with differing interpretations of the ruling.
According to the court’s decision, government “cooperation” is required to bring Garcia back, but the judge’s power is limited—she cannot directly enforce his return. Using this limitation, the Trump administration has yet to take any visible steps to bring Garcia back.
Simon Sandoval-Moshenberg, an attorney representing justice, said, “The rule of law has prevailed. It’s time to stop wasting time and bring Kilmar home.”
On the other hand, the Trump administration claims the ruling reaffirms the President’s exclusive authority to conduct foreign policy. In a statement, the Justice Department said, “This ruling once again confirms that activist judges do not have the jurisdiction to usurp the President’s authority in conducting foreign affairs.”
However, District Judge Paula Xinis found the administration’s excuses unacceptable. She remarked, “I’m just asking where one man is. This is not a matter of state secrets.”
The issue has come to light at a time when Salvadoran President Nayib Bukele is scheduled to visit the White House. Garcia’s family has stated that he is not a gang member, as alleged, but rather fled El Salvador during his teenage years to escape gang violence.
Still, the Trump administration has framed the case as a matter of national security and expressed doubt about the possibility of Garcia’s return. Meanwhile, the Congressional Hispanic Caucus has written to President Bukele, demanding Garcia’s release and requesting permission to visit him in prison.
Garcia’s lawyers have accused the government of defying the court’s order and deliberately stalling, putting Garcia’s life at risk. They pointed out that while the decision to deport him was executed within just 72 hours, the administration has spent weeks resisting efforts to bring him back.
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