The wrongful deportation of a Maryland man to El Salvador has created a conflict between Team Trump and the law

On Tuesday, April 14, a federal judge in the US mandated a two-week investigation into the Trump administration's failure to facilitate the return of Kilmar Abrego Garcia, a man who was wrongfully deported to El Salvador from Maryland. District Judge Paula Xinis stated that officials from the Trump administration had ignored a "clear" order from the Supreme Court regarding Garcia's return. She remarked, "So far, the records indicate that nothing has been done. Nothing."

This hearing followed comments from El Salvador's President Nayib Bukele, who stated he would not allow Garcia's return, likening it to smuggling a "terrorist" into the US. Meanwhile, Trump and senior officials have claimed they do not have the authority to bring Garcia back.

Regarding Abrego Garcia's deportation, his lawyers explained that he entered the US illegally at the age of 16 around 2011 to escape gang violence in El Salvador. He was detained by Immigration and Customs Enforcement (ICE) in 2019 after a confidential informant alleged he had ties to the notorious MS-13 gang in New York. Although he initially lost his asylum appeal, an immigration judge granted him protection from deportation in October 2019 due to a "well-founded fear" of gang persecution, a ruling that ICE did not contest.

Before his deportation, Abrego Garcia lived in Maryland with his wife and children, all of whom are US citizens. His lawyers assert that he worked as a sheet metal worker, was a union member, and had no criminal record. The Trump administration later referred to the deportation as an "administrative error," yet they have continued to claim that he was affiliated with MS-13, a gang known for drug trafficking, extortion, and murder.

Currently, Abrego Garcia is being held at the Terrorism Confinement Centre, also known as the CECOT megaprison in El Salvador, which is notorious for human rights violations and limited legal recourse. Since March, the US has been deporting large groups of undocumented immigrants to El Salvador, often without verifying their criminal ties. While some deportations have occurred under the Alien Enemies Act, which allows for the removal of individuals deemed a national security threat during wartime, many, including Abrego Garcia, were deported under standard immigration laws.

In a ruling on April 4, Judge Xinis instructed the US government to "facilitate and effectuate" Abrego Garcia's return by 11:59 pm on April 7. She stated, "Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct violation of the Immigration and Nationality Act (INA)."

The Trump administration sought to contest a ruling from the Supreme Court. On April 10, the Court unanimously supported District Judge Xinis’s directive for the U.S. administration to "facilitate" the release and return of Abrego Garcia from El Salvador. In a 9-0 decision, the Court chose not to overturn her ruling but requested clarification on the term "effectuate," suggesting she might have overstepped her judicial authority by demanding daily updates on the situation.

So far, Trump and his team have taken a defiant stance, arguing that federal courts lack jurisdiction in this matter as it pertains to the executive branch's diplomatic powers. However, the Supreme Court rejected this argument, stating, "The United States Government has no legal authority to forcibly remove a person who is lawfully present in the United States without due process. The Government’s assertion to the contrary, and its claim that federal courts cannot intervene, are unacceptable."

During a meeting at the White House on Monday, Presidents Trump and Bukele both ruled out the possibility of Abrego Garcia's return. Prior to the Supreme Court's decision last week, Trump had stated he would comply with it, saying, "If the Supreme Court said bring somebody back, I would do that. I respect the Supreme Court." However, he has since refrained from further comments, allowing his team to handle inquiries. Attorney General Pam Bondi stated that it was El Salvador's responsibility to facilitate Abrego Garcia's return, while Deputy Chief of Staff Stephen Miller asserted that the deportation was intentional and lawful. On Tuesday, Justice Department lawyer Drew Ensign indicated that if Abrego Garcia were to arrive at a U.S. port of entry or embassy, he would be permitted entry before being taken into custody.

Potential constitutional crisis

In his ruling for the U.S. Supreme Court, Justice J. Harvie Wilkinson, a conservative appointed during the Reagan era, remarked, "There is no question that the government made a mistake here... The withholding of removal order was specific to the country; it prohibited the government from deporting Abrego Garcia to El Salvador and El Salvador only."

He pointed out that by explicitly refusing to facilitate Abrego Garcia's return, a "disturbing loophole" was being created. The U.S. government could potentially "transport individuals" to foreign prisons while disregarding court orders and invoking Article II powers (which define presidential authority) to claim that "it is no longer their custodian, and there is nothing that can be done." He argued that this represents a "path of perfect lawlessness, one that courts cannot accept."