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Kilmar Armando Abrego Garcia, a Salvadoran father of three who was wrongly deported from the United States last month, is now at the center of an international legal and political storm. Despite a US court ruling that his removal was unlawful, El Salvador’s President Nayib Bukele has firmly stated that Garcia will not be sent back.
Garcia’s controversial case is now testing the limits of US judicial authority in foreign affairs — and placing the spotlight on how immigration enforcement is handled under former President Donald Trump's administration.
Who Is Kilmar Armando Abrego Garcia?
Garcia, who entered the United States in 2011 without legal documentation, was granted protection from deportation to El Salvador in 2019 by an immigration judge. The decision was based on credible threats from a local gang in El Salvador that had targeted his family’s pupusa business.
However, in March 2025, US authorities arrested him and deported him to El Salvador on allegations of gang involvement. Officials claimed he was detained alongside known MS-13 members and cited a “reliable source” linking him to the gang.
Garcia was later identified by his wife in a viral image taken at CECOT — El Salvador’s maximum-security prison.
Court Rulings vs. Executive Power
Garcia’s family filed a lawsuit against Trump-era officials to challenge the deportation. Federal Judge Paula Xinis declared the deportation illegal and ordered that steps be taken to bring him back to the US by March 31.
While the Supreme Court supported the lower court’s directive, it did not set a strict deadline, instead asking for more clarity around the responsibilities involved. The ruling emphasized the need to respect executive discretion in foreign policy, complicating the enforcement of Garcia’s return.
Notably, all nine justices agreed with the procedural direction, although three liberal justices openly criticized the government’s actions.
Government's Response and Legal Loopholes
Following the Supreme Court's decision, Judge Xinis instructed the government to provide daily updates on the steps being taken to return Garcia. However, the Justice Department argued that “facilitating” the return doesn’t require direct coordination with El Salvador — only the removal of internal bureaucratic barriers.
An ICE official later stated that Garcia no longer qualifies for deportation protection due to his alleged gang links, meaning he could face immediate re-deportation if he returns to US soil.
Bukele Rejects US Efforts in Oval Office Talks
During an Oval Office meeting with Trump, President Bukele made it clear that Garcia would not be released from El Salvador’s prison system.
“I have the power to release him, but we don’t support letting terrorists walk free,” Bukele said. When asked if he would consider returning Garcia to the US, he replied sharply:
“You want us to go back to releasing criminals and become the murder capital of the world again? That’s not going to happen.”
Trump, initially open to complying with the court’s order, later shifted his stance. He deferred to his administration officials, who stressed that the US cannot force a sovereign nation to act.
What Happens Next?
Another court hearing is scheduled for Tuesday to assess ongoing compliance and the feasibility of Garcia’s return. Meanwhile, the legal debate over the balance between judicial authority and executive foreign policy powers continues to unfold.
