President Donald Trump has addressed the controversial deportation of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported from Maryland to El Salvador in March 2025.
During an interview with ABC News, President Trump acknowledged that he could facilitate Abrego Garcia’s return to the United States with a simple phone call to El Salvador’s President Nayib Bukele. However, he stated that he has chosen not to do so, citing objections from his legal advisors. This admission contradicts the administration’s legal stance that it lacks the authority to retrieve Abrego Garcia, as he is currently in El Salvador’s custody.
Kilmar Armando Abrego Garcia has been accused of having ties to the MS-13 gang according to documents from 2018. President Trump has publicly labeled Abrego Garcia as a member of the MS-13 gang, referring to him as “not an innocent, wonderful gentleman from Maryland.” These claims are based on allegations from a 2018 custody dispute and a 2019 police report. However, these allegations have not been substantiated in court, and Abrego Garcia’s family and legal representatives deny any gang affiliation.
The Supreme Court has ordered the federal government to “facilitate” Abrego Garcia’s return, but as of late April 2025, he remains detained in El Salvador’s high-security CECOT prison without criminal charges. President Trump’s refusal to act, despite acknowledging his ability to do so, has raised concerns about the administration’s compliance with judicial orders and the treatment of immigrants under U.S. law.
Legal experts and critics argue that the administration’s actions could be viewed as defiance of judicial authority and potentially misleading conduct. The case continues to draw attention to the balance of power between the executive branch and the judiciary in matters of immigration enforcement.
Abrego Garcia’s accusations originated from a 2018 custody dispute involving Abrego Garcia’s now-wife, where her former partner claimed he was affiliated with MS-13. In 2019, a police informant and a gang detective linked him to the gang’s Western clique, identifying him by the alias “Chele.” Despite these claims, Abrego Garcia was never charged with any gang-related crimes. His family and attorney assert that he has no criminal record and deny any gang affiliation.
In 2019, an immigration judge granted Abrego Garcia protection from deportation to El Salvador due to credible threats from gangs. The Trump administration later admitted that his Abrego Garcia’s deportation was an administrative error, acknowledging that it violated the court’s order. Republican Kristi Noem said that if Abrego Garcia was returned to America, that he would be deported again immediately.
Despite these facts, President Donald Trump has repeatedly claimed that Abrego Garcia has “MS-13” tattooed on his knuckles, citing a potentially photoshopped image shared on social media. Experts and former gang members have suggested that the tattoos may not be associated with MS-13, but it is still a bit unclear.
The Supreme Court has ordered the federal government to facilitate Abrego Garcia’s return from El Salvador, but as of April 2025, he remains detained in a high-security prison without criminal charges. His case continues to raise questions about due process. Some people believe illegal immigrants should have the same due process as American citizens. Others believe that entering America illegally removes the right to a due process. It’s a delicate subject that is constantly being debated.
