Trump Administration Claims Bringing Accidentally Deported Maryland Father Home From El Salvador Would Be ‘Kidnapping’

Topline

White House adviser Stephen Miller said Monday that bringing a Maryland father the Trump administration mistakenly deported back to the U.S. would amount to “kidnapping,” because he is now in the custody of El Salvador—despite a Supreme Court order that the White House must “facilitate” Kilmar Abrego Garcia’s release.

Key Facts

What To Watch For

The U.S. District Court in Maryland must clarify what it means by “effectuate,” the Supreme Court wrote in its Thursday opinion, noting it must do so “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” The high court ruled the lower court’s order was still partially in effect, but said the Trump administration’s request to cancel the order entirely was effectively granted, in part since the district court’s April 7 deadline for returning Garcia had already passed. The government, the Supreme Court said, “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps” to return Abrego Garcia. Trump administration officials, however, have wrongly claimed the Supreme Court fully sided with the administration: “The Supreme Court said the district court order was unlawful and it’s main components were reversed 9-0 unanimously, stating clearly that neither secretary of state nor the president could be compelled by anybody to forcibly retrieve a citizen of El Salvador from El Salvador,” Miller said Monday.

Tangent

Trump officials have repeatedly claimed Garcia is a member of the MS-13 gang, with both Miller and Attorney General Pam Bondi incorrectly stating Monday that two lower courts ruled he was. An immigration court said previously that a tip the government received from a confidential informant alleging Abrego Garcia was affiliated with the gang was credible, Reuters reported, but he has never been convicted of any crime and his lawyers deny any gang affiliation. U.S. District Judge Paula Xinis, who is overseeing the case, scolded the government for relying on a “vague, uncorroborated allegation” to accuse Abrego Garcia of gang affiliation. “In a court of law, when someone is accused of membership in such a violent and predatory organization, it comes in the form of an indictment, a complaint, a criminal proceeding, that then has robust process so we can assess the facts,” she wrote in her April 4 order instructing the government to return Abrego Garcia.

Key Background

Abrego Garcia was deported along with more than 230 other migrants on March 15, hours after Trump invoked a special wartime authority that allows the government to deport some migrants without court proceedings. Abrego Garcia is among multiple migrants whose family members and lawyers have said have no criminal records who were sent to El Salvador’s CECOT prison, known for human rights violations. Abrego Garcia came to the U.S. after fleeing gang violence in his home country in 2011 and was granted protection from deportation by a judge in 2019 who determined he would be likely to face additional threats if he were deported again. The Trump administration has admitted it overlooked the directive not to deport Garcia, but has said it will not bring him back, insisting it had the right to deport him anyway because officials believe he is a gang member. In a separate but related case, the Trump administration is battling U.S. District Judge James Boasberg over whether it defied his order to pause the Alien Enemies Act and turn deportation flights to El Salvador around.

Further Reading

White House Doubles Down On Erroneous Deportation Of Maryland Dad (Forbes)

Photo Shows Deported Gay Makeup Artist Andry Hernandez Romero Pleading With Guards At El Salvador’s CECOT (Forbes)

Judge Boasberg Thinks There’s ‘Fair Likelihood’ Trump Administration Violated Court Order With El Salvador Flights (Forbes)