Tue Apr 15 09:30:39 UTC 2025: ## US, El Salvador Defy Supreme Court, Refuse to Return Mistakenly Deported Man
**Washington, D.C./San Salvador** – The United States and El Salvador are defying a Supreme Court order to return Kilmar Armando Abrego Garcia, a Salvadoran man mistakenly deported despite having protection from removal. Despite a unanimous Supreme Court ruling mandating his return, President Trump and President Bukele have publicly stated he will not be repatriated.
Abrego Garcia was deported to CECOT, a notorious Salvadoran mega-prison, on March 15th, despite possessing legal protections preventing his deportation. The US Justice Department acknowledged the deportation as an “oversight” and “administrative error.”
The decision follows a White House meeting between President Trump and President Bukele, during which misleading statements were made regarding Abrego Garcia’s case. Administration officials falsely claimed that Abrego Garcia had been ruled a member of MS-13 by two courts in 2019. While immigration judges denied him bond based on an informant’s accusation (which his lawyers contest), this is not equivalent to a conviction or a finding of gang membership. Furthermore, Abrego Garcia subsequently received withholding of removal, a protection indicating the government did not consider him a threat.
The claim that the designation of MS-13 as a foreign terrorist organization automatically revoked Abrego Garcia’s protection is also inaccurate. Such a revocation would require new court proceedings to prove gang membership, which did not occur.
President Bukele stated that returning Abrego Garcia would be “smuggling a terrorist into the United States,” a claim unsupported by evidence. Experts argue that Abrego Garcia’s detention in El Salvador is at the US government’s request, and his release and potential humanitarian parole remain viable options to comply with the Supreme Court’s order.
While White House officials claim a 9-0 Supreme Court victory, legal experts emphasize that the court explicitly ordered the US to facilitate Abrego Garcia’s return. A federal judge has already found the US government in non-compliance and demanded daily updates on their actions to rectify the situation. The ongoing defiance raises concerns about the rule of law and the treatment of individuals within the US immigration system.