Trump officials step up defiance over man wrongly deported to El Salvador
The Trump administration escalated its stubborn defiance against securing the release of a man wrongly deported to El Salvador on Monday, advancing new misrepresentations of a US supreme court order.The supreme court last week unanimously ordered the administration to “facilitate” the release of Kilmar Abrego Garcia, who was supposed to have been protected from deportation to El Salvador regardless of whether he was a member of the MS-13 gang.But at an Oval Office meeting between Trump and El Salvador’s president Nayib Bukele, Trump deferred to officials who gave extraordinary readings of the supreme court order and claimed the US was powerless to return Abrego Garcia to US soil.“The ruling solely stated that if this individual at El Salvador’s sole discretion was sent back to our country, we could deport him a second time,” said Trump’s policy chief Stephen Miller, about an order that, in fact, upheld a lower court’s directive to return Abrego Garcia.Miller’s remarks went beyond the tortured reading offered by the US attorney general, Pam Bondi, who also characterized the supreme court order as only requiring the administration to provide transportation to Abrego Garcia if released by El Salvador.“That’s up to El Salvador if they want to return him. That’s up to them,” Bondi said. “The supreme court ruled that if El Salvador wants to return him, we would ‘facilitate’ it, meaning provide a plane.”The remarks at the Oval Office meeting marked an escalation by Trump officials to resist complying with a supreme court order by manufacturing uncertainty in the ruling that reiterated deportations were subject to judicial review.And the fact that the US is paying El Salvador to detain deportees it sends to the notorious Cecot prison undercut the notion that the administration lacked the power to return Abrego Garcia into US custody.The case started when Abrego Garcia was detained by police in 2019 in Maryland, outside a Home Depot, with several other men, and asked about a murder. He denied knowledge of a crime and repeatedly denied that he was part of a gang.Abrego Garcia was subsequently put in immigration proceedings, where officials argued they believed he was part of the MS-13 gang in New York based on his Chicago Bulls gear and on the word of a confidential informant.The case went before a US immigration judge, who suggested that Abrego Garcia could be a member of MS-13 and agreed to a deportation order but shielded him from being sent to El Salvador because he was likely to face persecution there by a local gang.The Trump administration did not appeal against that decision, and Immigration and Customs Enforcement has since said in a court filing that Abrego Garcia’s deportation to El Salvador was an “administrative error”. The supreme court also called his removal illegal.In earlier remarks to reporters on Monday morning, Miller expressly demonstrated he knew the administration had made a mistake because the immigration judge had issued a so-called withholding order, which meant he could not be deported to El Salvador.“When you have a withholding order, to be clear, that is not ‘pause your deportation’. In other words, in the worst-case scenario, it means you get deported to another country,” Miller said.That concession evaporated hours later when he joined Trump, Bukele and a dozen senior officials in the Oval Office and suggested that bringing back Abrego Garcia to the US would be tantamount to kidnapping a citizen of El Salvador.Miller appeared to be suggesting that the US could not force the actions of El Salvador, a sovereign nation. But he then said the supreme court said neither the president nor the secretary of state could forcibly retrieve a citizen of El Salvador from El Salvador – which the order did not say. More