Trump Administration Claims It Lacks Power to Repatriate Deported Man from El Salvador

April 15, 2025 TruthUSA

The administration referenced remarks made by El Salvadoran President Nayib Bukele at the White House on April 14, which dismissed the possibility of the man’s return.

The Trump administration informed a federal judge on Monday that it lacks the authority to bring Kilmar Abrego Garcia back, the undocumented immigrant who was incorrectly deported to El Salvador, as he is currently in the custody of another nation.

In a court filing submitted to the U.S. District Court in Maryland, Joseph Mazzara, acting general counsel at the Department of Homeland Security (DHS), stated that the department has made efforts to eliminate “domestic obstacles” but “does not possess the authority to forcibly extract an alien from the custody of a foreign sovereign nation.”

Mazzara referred to President Bukele’s comments during his White House visit on April 14, where he was queried about the return of Abrego Garcia to the United States.

“I hope you’re not suggesting that I smuggle a terrorist into the United States,” Bukele responded to reporters, as noted in the court documents. “How can I smuggle a terrorist into the United States? Of course, I’m not going to do it. The question is absurd.”

Bukele attended the White House for a meeting with President Donald Trump, where they discussed economic and national security collaboration related to migration policies.

Officials from the Trump administration have indicated that the decision to return Abrego Garcia rests with El Salvador, following a Supreme Court ruling that instructed the U.S. government to facilitate his return.

“That’s up to El Salvador if they want to return him,” Attorney General Pam Bondi commented during the White House meeting. “That’s not up to us.”

The Epoch Times reached out to Abrego Garcia’s attorney for a statement but did not hear back by the time of publication.

Abrego Garcia, originally from El Salvador, was detained in the United States and deported to El Salvador in March due to what U.S. authorities described as his “significant role” in the MS-13 gang—a group designated as a foreign terrorist organization by the U.S.

Previously, an immigration judge ruled that there was substantial evidence supporting that he was an MS-13 member, but another judge subsequently granted a withholding of removal, stopping Abrego Garcia’s deportation over safety concerns regarding gang violence in El Salvador.

U.S. officials asserted in earlier filings that Abrego Garcia’s deportation to El Salvador was a result of an administrative error.

Attorneys for Abrego Garcia have criticized officials for being uncooperative and have recently requested that the judge command the government to “take all available steps to release and return Abrego Garcia to Maryland.”

This includes facilitating the release of Abrego Garcia from El Salvador, arranging air travel for him, and sending personnel to ensure his safe transport to the aircraft that would take him back to the United States, according to his lawyers.

Government attorneys contended in a filing on April 13 that “federal courts lack authority to direct the Executive Branch to conduct foreign relations in a specific manner, or engage with a foreign sovereign accordingly.”

The Trump administration has deported numerous undocumented immigrants alleged to be involved in criminal gangs after Trump enacted a proclamation on March 15 invoking the Alien Enemies Act, which permits the deportation of noncitizens without legal process during wartime, invasion, or “predatory incursion” against the United States.

In March, El Salvador agreed to detain about 300 alleged members of the Tren de Aragua gang from Venezuela and two suspected members of MS-13 in its mega-prison for one year in exchange for agreed payments.

Trump’s deportation initiatives have encountered legal challenges. Following a Supreme Court ruling that overturned a Washington court’s order requiring the administration to reverse flights carrying nearly 300 alleged gang members heading to El Salvador due to jurisdictional concerns, three new judges in Colorado, New York, and Texas ruled to constrain the administration’s application of the Alien Enemies Act in their jurisdictions.

Zachary Stieber contributed to this report.

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