WASHINGTON (Reuters) — El Salvador’s President Nayib Bukele said Monday April 14, 2025 he would not return Kilmar Abrego Garcia, a man mistakenly deported from the U.S., despite a U.S. Supreme Court ruling mandating the Biden administration to facilitate his return. Bukele likened such an act to “smuggling a terrorist” into the United States.
Speaking during an Oval Office meeting with President Donald Trump, Bukele claimed he lacked the authority to release Abrego Garcia, whom the Trump administration has labeled a member of the MS-13 gang.
“The question is preposterous. How can I smuggle a terrorist into the United States?” Bukele said, echoing Trump’s characterization.
The U.S. Department of Homeland Security has called Abrego Garcia’s deportation an administrative error, but in a court filing Monday, officials asserted that the U.S. lacks authority to extract individuals from foreign custody.
Legal and Diplomatic Clash
Abrego Garcia, a legal U.S. resident since 2011 with a valid work permit, was deported on March 15. His attorneys insist he is not affiliated with gangs and accuse the administration of failing to provide any credible evidence to the contrary.
An immigration judge had earlier granted him protection from removal, citing risk of gang violence in El Salvador. Last week, the U.S. Supreme Court upheld a lower court ruling instructing the government to “facilitate and effectuate” his return, although it acknowledged ambiguity in the term “effectuate” and urged deference to the executive branch in foreign affairs.
The Trump administration, however, appears reluctant to comply. Attorney General Pam Bondi suggested that the U.S. had done its part by offering to “provide a plane,” leaving the decision to Bukele.
Secretary of State Marco Rubio said,
“The foreign policy of the United States is conducted by the president of the United States, not by a court.”
Legal analysts say the administration may be undermining the judiciary.
“It’s very obvious that they could get him released if they wanted to,” said Ilya Somin, a constitutional law professor at George Mason University.
The Mega-Prison and U.S. Deportation Pact
The U.S. has deported hundreds of individuals to El Salvador, where they are housed in a high-security facility known as the Terrorism Confinement Center. The controversial prison is funded in part by $6 million in U.S. aid and has drawn criticism for alleged human rights violations, including the mass incarceration of people without due process.
Bukele, however, defended the facility and his crackdown on gangs:
“I like to say that we actually liberated millions,” he told Trump, who responded enthusiastically: “Do you think I can use that?”
On Saturday, the U.S. deported 10 more individuals it alleges are members of MS-13 or Tren de Aragua, both designated as terrorist organizations.
Political Undertones and Social Media Mockery
The case has raised questions about the Trump administration’s adherence to court orders. In a social media post last month, Bukele mocked the legal process by posting “Oopsie… Too late” alongside footage of detainees being hustled off a plane.
A hearing is scheduled for Tuesday before U.S. District Judge Paula Xinis, who is expected to press the administration on whether it actively signaled to El Salvador to withhold Abrego Garcia — a move that could constitute defiance of the court’s mandate.
Despite the Supreme Court ruling, Trump downplayed the obligation, telling reporters,
“We’ll bring him back if the Supreme Court directs us to do so.”
