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Trump Admin 'Flouting the Courts' over Deportation Ruling
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April 16, 2025
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5:28Now PlayingDavid Leopold, Immigration Attorney and Chair of the Immigration Practice Group at UB Greensfelder, discusses the legal fight to return a wrongfully deported Maryland man to the US from El Salvador.
El Salvadoran President Nayib Bukele said a Maryland man deported to the Central American country by President Donald Trump’s administration would not be returned, even as the Supreme Court has called for the US to facilitate his release.
Asked whether he would secure the return of Kilmar Abrego Garcia, Bukele on Monday said he didn’t “have the power to return him to the United States.”
“How can I smuggle? How can I return him to the United States? I smuggle him into the United States? I’m not going to do it,” Bukele said during a White House meeting with Trump.
The stand-off is certain to heighten tensions between Trump and the federal judiciary over the case of Abrego Garcia, who was wrongfully deported to El Salvador in a legal fight that has attracted national attention.
Trump has asserted US courts don’t have any authority over foreign policy. When asked about the Supreme Court ruling on Monday he deferred to officials at the meeting, including Secretary of State Marco Rubio, Attorney General Pam Bondi and deputy chief of staff Stephen Miller, who suggested that Abrego Garcia’s fate was up to El Salvador and no longer an issue for the administration.
“That’s up to El Salvador if they want to return him, that’s not up to us,” Bondi said. “If, as El Salvador, wants to return him — this is international matters, foreign affairs — if they wanted to return him, we would facilitate it, meaning provide a plane.”
Miller called it “very arrogant even for American media to suggest that we would even tell El Salvador how to handle their own citizens as a starting point.”
Bukele has been aiding Trump’s efforts to ramp up deportations of migrants by taking in alleged gang members and housing them in a mega-jail where human-rights advocates say guards brutalize inmates. Abrego Garcia, a Salvadoran migrant, was lawfully living in Maryland before he was sent last month with 250 alleged gang members to El Salvador’s notorious Terrorism Confinement Center.
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