The Supreme Court has ruled the Trump administration must facilitate Abrego Garcia’s return to the United States.
President Donald Trump told an April 30 Cabinet meeting that he has not spoken with El Salvador’s president about returning Kilmar Abrego Garcia to the United States after the man was deported to El Salvador almost seven weeks ago.
Abrego Garcia, 29, a Salvadoran national identified by U.S. authorities as an illegal immigrant and suspected MS-13 gang member, was deported to El Salvador in March despite a 2019 judicial order barring his removal to his home country. The Trump administration said an “administrative error” led to his deportation.
Abrego Garcia’s family challenged the legality of his deportation, setting off a legal showdown between the White House and the man’s lawyers.
Asked on Wednesday if he thought Salvadoran President Nayib Bukele would reject a request from him seeking Abrego Garcia’s return, Trump told reporters, “I don’t know … I haven’t spoken to him, I really leave that to the lawyers. I take my advice from [Attorney General] Pam [Bondi] and everybody that’s very much involved. They know the laws, and we follow the laws exactly.”
Secretary of State Marco Rubio also attended the Cabinet meeting and told reporters he would not disclose any details about Abrego Garcia’s case or discussions with El Salvador, not even to the courts.
“The conduct of our foreign policy belongs to the President of the United States and the executive branch, not some judge,” Rubio said. “We will conduct foreign policy appropriately if we need to, but I’ll never discuss it, and no one will ever make us discuss it because that’s how foreign policy works.”
Abrego Garcia was arrested on March 12 by a division of Immigration and Customs Enforcement (ICE). Officials cited his “prominent role” in the MS-13 gang which has been designated a foreign terrorist organization. He was placed on a deportation flight on March 15, with the manifest failing to indicate that he had been granted protection from removal to El Salvador.
“Through administrative error, Abrego-Garcia was removed from the United States to El Salvador,” ICE official Robert Cerna II said in a court filing. “This was an oversight, and the removal was carried out in good faith based on the existence of a final order of removal and Abrego-Garcia’s purported membership in MS-13.”
Abrego Garcia’s lawyers have denied claims that he is an MS-13 member, saying he left El Salvador at age 16 to escape gang-related violence and has never been charged with or convicted of a crime. Abrego Garcia has acknowledged he entered the United States illegally in 2012, according to court documents.
The Supreme Court ruled on April 10 that the Trump administration must “facilitate” Abrego Garcia’s release and ensure that his case “is handled as it would have been had he not been improperly sent to El Salvador.”
The Trump administration has argued it lacks the authority to return Abrego Garcia because he is now in the custody of a foreign nation.
Trump’s comments came after he told ABC News’ Terry Moran on April 28 that he “could” secure Abrego Garcia’s return with a phone call to Bukele.
“If he were the gentleman that you say he is, I would do that. But he is not,” Trump said. “I’m not the one making this decision … If I were the president that just wanted to do anything, I’d probably keep him right where he is.”
The Epoch Times has contacted a lawyer for Abrego Garcia for comment.
T.J. Muscaro contributed to this report.