President Donald Trump said on Tuesday he “could” order the return of Kilmar Abrego Garcia, the Maryland man wrongly deported to El Salvador and whose case has dominated headlines as the administration continues refusing to comply with a Supreme Court ruling that determined he should be brought back.
However, his claim may undermine an argument used by the White House to justify its reluctance in court. Politico noted that the argument has been that only Salvadoran President Nayib Bukele can release a national from a Salvadoran prison. It is unclear whether attorneys seeking his return will focus on the statement as the legal rift continues.
Speaking to ABC News to mark the first 100 days of his presidency, Trump was asked what his administration is doing to comply with the Supreme Court. “The lawyer that said it was a mistake was here a long time, was not appointed by us — should not have said that,” the president said.
Trump went on to claim that Abrego Garcia is a member of the MS-13 gang and not “an innocent, wonderful gentleman from Maryland.” The man’s lawyer and family have rejected the notion. Asked directly if he could pick the phone and request his return, Trump said he “could” and he would do it “if he were the gentleman that you say he is.”
Bukele, a close Trump ally, has also refused to release Abrego Garcia, telling press at the White House in mid-April that he does not have the authority to do so. “How can El Salvador return him to the United States? By smuggling him? Of course we’re not going to do that. I don’t have the authority to return him,” he said.
Abrego Garcia was deported in March despite a 2019 court order barring his removal to El Salvador. He had lived in Maryland under a valid work permit and, according to his lawyers, fled from El Salvador due to political violence in 2011. He was initially sent to the infamous CECOT prison, the facility used to hold people accused of being gang members.
As Abrego Garcia‘s case continued to dominate headlines, even leading Maryland Senator Chris Van Hollen to fly there and meet him, he was then moved to Centro Industrial prison in Santa Ana, where he has his own room with a bed and furniture, rather than a prison cell, according to a court filing.
Originally published on Latin Times
