The White House is grappling with a diplomatic and legal firestorm following the erroneous deportation of Kilmar Ăbrego GarcĂa, a Maryland resident, to El Salvadorâs notorious Terrorism Confinement Center (Cecot). The controversy, spotlighted in a recent YouTube video titled ââGarcia was a foreign terroristâŠâ White House clears air on El Salvador âcriminalâ deportation row,â has escalated tensions between the U.S. and El Salvador, raising questions about due process, international agreements, and the Trump administrationâs aggressive deportation policies. As courts, lawmakers, and families demand answers, the case of Ăbrego GarcĂa has become a flashpoint in the broader debate over immigration enforcement.
A Costly Administrative Error
Kilmar Ăbrego GarcĂa, a 29-year-old Salvadoran immigrant, was deported to El Salvador on March 15, 2025, despite a 2019 court order granting him âwithholding of removalâ status, which protected him from being sent back to his home country due to the risk of persecution by local gangs. The U.S. government has acknowledged that his deportation was an âadministrative error,â a mistake that landed him in Cecot, a maximum-security prison known for housing alleged gang members and criticized for human rights abuses. Ăbrego GarcĂa, who lived legally in Maryland with his U.S. citizen wife, Jennifer Vasquez Sura, and their three children, was among 238 Venezuelans and 23 Salvadorans deported under a deal between the Trump administration and El Salvadorâs President Nayib Bukele.
The agreement, which involves the U.S. paying El Salvador $20,000 per deportee per yearâtotaling $6 million for the recent groupâallows the U.S. to send alleged members of gangs like MS-13 and Tren de Aragua, designated as âforeign terrorist organizationsâ by the Trump administration, to Cecot. However, Ăbrego GarcĂaâs case has drawn scrutiny because he has no criminal record in the U.S. or El Salvador, and his alleged MS-13 affiliation is based on what U.S. District Judge Paula Xinis called âa singular unsubstantiated allegationâ from a confidential informant in 2019.
White House Defends Deportation, Faces Backlash
In a White House briefing captured in the YouTube video, Press Secretary Karoline Leavitt defended the administrationâs stance, claiming Ăbrego GarcĂa was a âverifiedâ MS-13 member and citing his clothingâa sweatshirt with money imagery covering presidentsâ facesâas a âknown MS-13 gang symbol.â Leavittâs remarks, echoed by Vice President JD Vance and other officials, have been met with skepticism. Ăbrego GarcĂaâs lawyers, supported by Judge Xinis, argue that the evidence against him is flimsy, pointing to his clean record and the 2019 immigration judgeâs ruling that he faced persecution risks in El Salvador.
The administrationâs narrative took a contentious turn during a Monday Oval Office meeting between President Donald Trump and President Bukele. When pressed about Ăbrego GarcĂaâs return, Bukele dismissed the idea, saying, âHow can I return him to the United States? I smuggle him into the United States or what do I do? Of course, Iâm not going to do it.â He referred to Ăbrego GarcĂa as a âterrorist,â aligning with the Trump administrationâs rhetoric. Trump, nodding in agreement, criticized reporters for advocating for âa criminal released into our countryâ and expressed enthusiasm for deporting âas many as possibleâ to El Salvador, even floating the idea of sending U.S. citizen criminals to foreign prisons if legally permissible.
Legal Battles and Court Orders
The case has sparked a high-stakes legal battle. On April 4, Judge Xinis ordered the Trump administration to return Ăbrego GarcĂa to the U.S. by April 7, calling his deportation âan illegal actâ and warning of contempt if the government failed to comply. The Supreme Court, in a unanimous ruling on April 10, upheld Xinisâs order, directing the administration to âfacilitateâ Ăbrego GarcĂaâs return while respecting executive authority in foreign affairs. However, the administration has argued it lacks the power to extract him from El Salvadorâs custody, citing Bukeleâs refusal and the limits of U.S. jurisdiction.
In a Tuesday hearing, Xinis demanded daily updates on efforts to bring Ăbrego GarcĂa back, dismissing the administrationâs references to Bukeleâs comments as ânonresponsive.â She initiated a two-week âexpedited discoveryâ process to determine if the government is acting in bad faith. Ăbrego GarcĂaâs lawyers, including Benjamin Osorio, argue that the U.S. can leverage its $6 million deal with El Salvador to secure his release, accusing Trump and Bukele of being âincentivizedâ to keep him detained for political reasons. âThey put him there, they can bring him back,â said Andrew Rossman, another attorney on the case.
The Supreme Courtâs liberal justicesâSonia Sotomayor, Elena Kagan, and Ketanji Brown Jacksonâwarned that the administrationâs stance could set a dangerous precedent, implying it could deport anyone, including U.S. citizens, to foreign prisons without legal recourse. Critics, including immigration lawyer Nicole Hallett, argue that El Salvador is acting as an âagentâ of the U.S. government, given the financial arrangement, making the claim of powerlessness implausible.
A Familyâs Anguish
Ăbrego GarcĂaâs deportation has devastated his family. Jennifer Vasquez Sura, his wife, described the moment she identified him in a Salvadoran government photo at Cecot: âI immediately broke down âcause I knew it was him. I was scared for his life.â She recounted his arrest on March 12, while driving with their 5-year-old disabled son, and his transfer through detention centers in Louisiana and Texas before his deportation. Since then, she has had no contact with him, fearing for his safety in a prison known for harsh conditions, including windowless cells and lack of legal protections.
Vasquez Sura, joined by faith leaders and community members in Maryland, has campaigned tirelessly for her husbandâs return. âMy heart is heavy, but I hold on to hope,â she said in a statement, vowing to fight for her husband and other immigrants caught in similar plights. The familyâs lawsuit accuses the Department of Homeland Security and ICE of knowingly deporting Ăbrego GarcĂa to a facility where torture is alleged, despite his protected status.
Diplomatic and Political Ramifications
The controversy has strained U.S.-El Salvador relations, with Bukeleâs refusal to release Ăbrego GarcĂa highlighting the complexities of their deportation deal. Bukele, who has won Trumpâs praise for accepting âvery bad people,â stands to gain financially and politically from the arrangement, which he says will make El Salvadorâs prison system self-sufficient. However, human rights groups criticize Cecot for overcrowding and abuses, and a â60 Minutesâ analysis revealed that 75% of Venezuelans deported there had no criminal records, raising concerns about due process.
Democrats, including Senators Chris Van Hollen and Tim Kaine, have condemned the Trump administrationâs actions and Bukeleâs visit, accusing Trump of âcozying up to an aspiring dictator.â Van Hollen, who requested a meeting with Bukele to discuss Ăbrego GarcĂaâs return, has threatened to travel to El Salvador to check on his condition. Meanwhile, Trumpâs team, including Secretary of State Marco Rubio and Attorney General Pam Bondi, insists that El Salvador has âsole discretionâ over Ăbrego GarcĂaâs fate, a claim contradicted by the Supreme Courtâs ruling.
A Broader Immigration Crackdown
Ăbrego GarcĂaâs case is part of a broader Trump administration campaign to deport alleged gang members using the 1798 Alien Enemies Act, a wartime statute that allows rapid removals with minimal due process. Since January, over 200 migrants have been sent to Cecot, often based on unverified gang affiliations, such as tattoos. Immigrant advocates argue that these deportations target vulnerable communities, with many deportees lacking criminal records or opportunities to contest allegations.
The administrationâs push to expand deportations, including Trumpâs suggestion to send U.S. citizens to foreign prisons, has alarmed legal experts. Amelia Wilson, director of the Immigration Justice Clinic at Pace University, called Ăbrego GarcĂaâs deportation âan unlawful actâ that undermines due process for immigrants. The case, she warned, could embolden further executive overreach if unchecked.