'Up to El Salvador': Trump admin punts on return of wrongfully deported Maryland resident

Attorney General Pam Bondi said it is up to El Salvador whether a Maryland man mistakenly deported by the Trump administration is returned to the U.S.

Pam Bondi, U.S. Attorney General, and Secretary of State Marco Rubio (2nd R) sit nearby as U.S. President Donald Trump meets with President Nayib Bukele of El Salvador in the Oval Office of the White House Apr. 14, 2025 in Washington, DC. (Win McNamee/Getty Images)

"The Supreme Court ruled precedent that if El Salvador wanted to return him," she continued. "This is international matters, foreign affairs."

Bondi said that "if they wanted to return him, we would facilitate it – meaning to provide a plane," Bondi said.

The Supreme Court ruled last week that a lower court's order "requires the government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."

Bukele received a warm welcome from Trump, who praised the Salvadorian leader as a "fantastic" president who is "taking care of a lot of problems," including accepting hundreds of U.S. migrants into their detention facility, part of a roughly $6 million deal struck by U.S. officials and El Salvador earlier this year. 

White House deputy chief of staff Stephen Miller doubled down on Bondi's assertion, noting that Abrego Garcia is a Salvadorian national. 

"It's very arrogant, even for American media, to suggest that we would even tell El Salvador how to handle their own citizens as a starting point," Miller told reporters, claiming that "two courts" had found Abrego Garcia to be a member of the MS-13 gang.

In fact, Abrego Garcia was granted temporary protection status in the U.S. by a court in 2019 from being removed to El Salvador, after it determined he would face criminal prosecution from gangs if he were removed to his home country.

Bukele, for his part, did not seem to think he had the authority to return Abrego Garcia to the U.S., suggesting Monday that the move would be beyond the scope of his authorities.

"How can I smuggle a terrorist into the U.S.? don't have the power to return him to the United States," Bukele said.

FEDERAL JUDGE HAMMERS DOJ ON WHEREABOUTS OF ALLEGED MS-13 GANG MEMBER FOLLOWING SCOTUS ORDER

DHS Secertary Kristi Noem speaks during a tour of the Terrorist Confinement Center in Tecoluca, El Salvador, on March 26, 2025.  (AP Photo/Alex Brandon)

El Salvador has already accepted hundreds of migrants from the U.S., drawing praise from President Trump and other hard-line immigration hawks – but critics warn the removals may violate due process protections under the U.S. Constitution. Immigration advocates have also raised concerns that deported individuals have not had a chance to challenge their removals in court. 

Sen. Chris Van Hollen, D-Md., said on Monday that he has requested a meeting with Bukele this week to discuss the return of Abrego Garcia.

He said in a letter Monday that he has met with Abrego Garcia's family members, including his wife and brother, who expressed to him that they are "extremely concerned" about his safety. 

"If Kilmar is not home by midweek – I plan to travel to El Salvador this week to check on his condition and discuss his release," Van Hollen said.

Most recently, a federal judge ordered Trump officials last week to provide the court with daily updates about its efforts to "facilitate" the return of Abrego Garcia, the wrongfully deported Maryland resident.

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In a court filing submitted Sunday evening, Justice Department lawyers argued they are not required to comply with a judge's order to "facilitate" the return of Abrego Garcia, who was sent to El Salvadorian prison in what administration officials have since acknowledged was an "administrative error."

They argued that the order itself likely exceeds the power of the courts, arguing they "have no authority to direct the Executive Branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner."

Meanwhile, Trump officials continue to publicly rail against so-called "activist judges," whom they have argued are attempting to stymie Trump's agenda and his priorities on immigration enforcement.  

DHS Secretary Kristi Noem on Monday praised the Supreme Court's recent emergency ruling that upholds, for now, the Trump administration's use of the Alien Enemies Act to more quickly deport certain migrants.

The Supreme Court's ruling "was a very clear message to other judges across this country … [to] stop acting like you have the authority to dictate foreign policy and national security decisions that the president is making to protect its citizens," she said in an interview on "Fox & Friends."

"We need to stop this, stop allowing liberal judges to try to dictate what President Trump is doing to make America safe again," she said.. "I'm grateful for the Supreme Court's decision, and I'm hopeful that we can have a new path forward where the president and his powers are recognized."

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news. 

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