Miller makes legal argument for keeping mistakenly-deported man in El Salvador

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Miller makes legal argument for keeping mistakenly-deported man in El Salvador
  • White House Deputy Chief of Staff Stephen Miller made clear that a man who was deported due to an administrative error will not be brought back to the United States. He said the U.S. cannot require El Salvador to return one of its own citizens.
  • Miller made the comment in an Oval Office meeting with El Salvador’s President Nayib Bukele who said he would not return the man.
  • The Supreme Court ordered the Trump administration to facilitate the man’s return.

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White House Deputy Chief of Staff Stephen Miller explained the Trump Administration’s legal argument for not bringing a man who was deported due to an “administrative error” back to the United States.

Miller made two main points during an Oval office meeting with El Salvador’s President Nayib Bukele Monday, April 14:

  • The United States has no right to require El Salvador to return one of its own citizens. 
  • The man lost his deportation protection after President Donald Trump designated the MS-13 gang as a terrorist organization. 

“A district court judge tried to tell the administration that they had to kidnap a citizen of El Salvador and fly him back here,” Miller said. 

“The Supreme Court said the district court order was unlawful and its main components were reversed nine-zero,” Miller continued. “Stating clearly that neither the secretary of state nor the president could be compelled by anybody to forcibly retrieve a citizen of El Salvador from El Salvador, who, again, is a member of MS-13.”

Why did the man get deported in the first place?

In March, ICE arrested Kilmar Abrego Garcia and deported him to El Salvador where he’s being held in a terrorism confinement center. The Trump administration acknowledged that it knew there was a 2019 court order forbidding his removal. 

The Trump Administration argued, in part, that the 2019 court order no longer applied because Garcia is a member of the MS-13 gang, which has been designated as a terrorist organization. Garcia denied being a gang member and said he lived safely in the United States for 10 years and never committed a crime. 

On April 10, the Supreme Court ordered the Trump administration to facilitate Abrego Garcia’s release from El Salvador so his case can be handled, “as it would have been had he not been improperly sent.”

How did El Salvador respond to the case?

El Salvador’s President said he will not return Abrego Garcia.

“The question is preposterous, how can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States,” President Nayib Bukele said during an Oval Office meeting with Trump. 

How is the Trump administration responding?

The president and top members of his cabinet made clear they have no plans to bring Garcia back to the United States either. 

“No version of this legally ends up with him ever living here, because he is a citizen of El Salvador,” Miller said.

Attorney General Pam Bondi said the United States would send a plane to bring him back, if El Salvador agreed.

Abrego Garcia’s attorneys told ABC News they will be asking a judge to hold members of the Trump administration in contempt for defying their order to facilitate his return. The attorneys said it may be the only way to get them to move quickly on the case.

Ella Rae Greene, Editor In Chief

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