Official Perspectives: Comments from Judges and Trump Administration on Abrego Garcia's Unjust Deportation
President Donald Trump says he may consider bringing Kilmar Abrego Garcia back to the United States, recently deported to El Salvador, if he deems it appropriate. However, Trump insists that Abrego Garcia, a 29-year-old Salvadoran married to an American citizen, is a member of the violent MS-13 gang and should not be present in the United States.
The Trump administration has maintained its position that it should not be required to repatriate Abrego Garcia, but the Supreme Court has ordered the administration to do so. For weeks, officials have alternated between admitting that Abrego Garcia was deported in error and arguing that the U.S. no longer holds any power in the matter since he is now in El Salvador.
During a recent ABC News interview, Trump asserted that he could use his phone situated on his Oval Office desk to contact El Salvador's president and request Abrego Garcia's return, stating, "I could." Trump added that if Abrego Garcia were indeed the man described by the media, he would facilitate his return.
Court Proceedings and Matters of Controversy
Abrego Garcia's case has been the subject of court hearings since his initial detention in the spring of 2019. Immigration and Customs Enforcement (ICE) detained Abrego Garcia, claiming he was identified as a "verified gang member" by an informant. An immigration judge denied bond for Abrego Garcia, labeling him a ranking member of the MS-13 gang. However, the court records solely emphasized that Abrego Garcia had previously entered the U.S. without legal status. Abrego Garcia and his lawyers refute the gang accusations, as he has never been charged with a related crime.
In the fall of 2019, another immigration judge granted Abrego Garcia protection from removal to El Salvador but denied him asylum. This decision became significant as the Trump administration argued that the U.S. no longer possessed jurisdiction over Abrego Garcia due to his MS-13 affiliation.
On March 12, 2025, ICE agents reportedly arrested Abrego Garcia, informing him that his immigration status had changed. He was later deported to El Salvador's CECOT prison. On March 31, the Trump administration admitted in a court filing that Abrego Garcia had been deported due to an administrative error.
Conflicting Statements on Abrego Garcia's Whereabouts and Status
In late April 2022, Justice Department attorney Erez Reuveni acknowledged in court that Abrego Garcia should not have been removed to El Salvador. When asked about his current whereabouts, Reuveni stated he did not know.
U.S. District Judge Paula Xinis ordered the government to facilitate Abrego Garcia's return, a request met with doubt from the White House. White House press secretary Karoline Leavitt questioned Judge Xinis's authority in the matter. In early May, Attorney General Pam Bondi confirmed that Reuveni had been placed on leave due to his court statements.
By mid-May, it was confirmed that Abrego Garcia is indeed alive and being held in the Terrorism Confinement Center (CECOT) in El Salvador. Officials, such as Michael G. Kozak from the State Department's Bureau of Western Hemisphere Affairs, reinforced the administration's stance that the U.S. no longer holds jurisdiction over Abrego Garcia, as he is now detained pursuant to the sovereign power of El Salvador.
On May 13, ICE official Evan Katz filed an update stating that Abrego Garcia was not eligible for protection in the U.S. due to his MS-13 membership, even though he had been granted withholding of removal status in 2019.
On May 17, Senator Chris Van Hollen (D-Md.) met with Abrego Garcia in El Salvador and made public statements about the meeting. Despite Abrego Garcia's imprisonment, Van Hollen vowed to continue advocating for his release and due process. On May 18, Van Hollen spoke to reporters alongside Abrego Garcia's wife, emphasizing the ongoing efforts to secure his return.
Oval Office Clarifications
In April 2022, multiple Trump administration officials weighed in on the matter following Trump and El Salvador's president's meeting. Attorney General Pam Bondi transferred the responsibility to El Salvador, noting that the U.S. would facilitate Abrego Garcia's return if requested. White House deputy chief of staff Stephen Miller reiterated theMS-13 membership allegation, implying that Abrego Garcia was no longer eligible for immigration relief in the U.S. and was deported under a lawful order.
During an ABC News interview in late May 2022, when confronted about the Supreme Court's order to bring Abrego Garcia back, Trump expressed both willingness and reluctance, stating he would defer to his lawyers' decision. However, Trump insisted he supports the removal of criminals from the United States, emphasizing, "We're doing it."
Assistant House Speaker Katherine Clark (D-Massachusetts) has repeatedly called for the administration to facilitate Abrego Garcia's return, citing due process concerns and the Supreme Court order to do so. Rep. Glenn Ivey, who represents Abrego Garcia's district, has also been vocal in his advocacy for Abrego Garcia, going so far as to visit him in El Salvador, where he faced opposition in obtaining access.
This ongoing controversy has sparked discourse surrounding due process, immigration policy, and the Trump administration's handling of detainees. The case has received international attention, with Latino and human rights organizations condemning the administration's actions against Abrego Garcia.
- The controversial case of Kilmar Abrego Garcia, a Salvadoran married to an American citizen, has been a subject of court hearings and international attention due to his alleged affiliation with the MS-13 gang.
- Despite the Trump administration's initial allegations on Abrego Garcia's membership in the MS-13 gang, his lawyers have consistently refuted these charges, stating he has never been charged with a related crime.
- The issue of Abrego Garcia's deportation and his current whereabouts has been a source of contention in world politics, with the Trump administration initially maintaining that he was deported due to a verified gang membership, but later admitting in a court filing that the deportation was due to an administrative error.
- The case of Kilmar Abrego Garcia has sparked debate on matters of politics, immigration policy, and due process, with prominent figures such as Senator Chris Van Hollen and Assistant House Speaker Katherine Clark advocating for his return to the United States.
