Trump administration shifts responsibility for return of mistakenly deported Maryland man to El Salvador
The Trump administration claims there is no basis for returning Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador.
The Trump administration claims there is no basis for returning Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador.
The Trump administration claims there is no basis for returning Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador.
Despite , the Trump administration claims it has no basis for bringing back Kilmar Abrego Garcia, a Maryland man mistakenly deported to El Salvador.
The administration is shifting responsibility to El Salvador instead, on Monday.
"How can I smuggle a terrorist into the United States?" Bukele said in a bilateral meeting with President Donald Trump. "I don't have the power to return him to the United States."
The Department of Homeland Security , stating it does not have the "authority to forcibly extract" Abrego Garcia and claiming, without evidence, that he is a citizen of El Salvador and a member of the MS-13 gang. Abrego Garcia's attorneys say there is no evidence for the gang claim.
"He was an illegal alien from El Salvador," Homeland Security Adviser Stephen Miller said. "No version of this ever legally ends up with him living here because he is a citizen of El Salvador."
Meanwhile, Democrats worry about even more people being wrongfully detained or deported. Maryland voiced his if the country did not return Abrego Garcia by Wednesday.
"It is absolutely unjust and illegal to have this Marylander detained one more day in the notorious prison in El Salvador," Van Hollen said.
In a related ruling, to use an old wartime law, known as the , to deport immigrants as long as they are given a chance to challenge their removal in court.
Trump added Monday that he wants to expand deportations by removing U.S. citizens, a move that would be considered by most legal experts illegal. He has also floated deportation as punishment for opponents of his administration and people who attack Tesla dealerships.
"If it's a home-grown criminal, I have no problem," Trump said. "We're studying the laws right now...and I'm talking about violent people."
While deporting U.S. citizens would be against the law, the Trump administration may find legal loopholes around it, including extraditing people to countries where they are accused of a crime or stripping citizenship for naturalized citizens if they fund terrorist organizations or lie on documents.
Legal experts say there would also be concerns about "cruel and unusual punishment" violations of the Constitution if the administration followed through.
Trump is also taking more executive action to stop the flow of migrants across the border, last week transferring control of a piece of federal land running along the border from California to New Mexico to the military.
Over the next several weeks, troops will be in charge of securing some of the area with fences, warning signs, and patrols.
Experts say the order will likely be challenged in court, as there are laws against the military acting as domestic law enforcement. Troops are already assisting border officials in non-enforcement work.