Washington, D.C. — President Donald Trump has reiterated that he could facilitate the return of Kilmar Abrego Garcia from El Salvador if he so chose, but he maintains that the 29-year-old Salvadoran is a member of the notorious MS-13 gang and poses a significant risk. Abrego Garcia, who lived in Maryland and is wed to a U.S. citizen, has been at the center of a contentious legal battle, with the Trump administration claiming it should not be responsible for his repatriation following his deportation.
Officials have wrestled with conflicting accounts regarding Abrego Garcia’s deportation, alternating between acknowledging it was an error and asserting that jurisdiction has shifted since he relocated to El Salvador. Trump recently asserted in an interview that he possesses the authority to reach out to El Salvador’s president to request Abrego Garcia’s return, a statement he followed with a conditional optimism.
Legal proceedings surrounding Abrego Garcia’s situation have developed over several years. In spring 2019, Immigration and Customs Enforcement detained him, citing claims from informants that he was affiliated with MS-13. An immigration judge subsequently denied him bond, labeling him a confirmed gang member. However, Abrego Garcia and his legal team have denied these allegations, emphasizing that he has never been charged with any gang-related offenses.
Developments took a turn in fall 2019 when another immigration judge granted him protection from deportation, recognizing the risk he faced from gangs in his home country. The ruling, however, stopped short of granting him asylum, which would have allowed him to remain permanently in the United States.
In March 2025, court documents reveal that ICE agents detained Abrego Garcia again, stating that his immigration status had changed. The agency later acknowledged the deportation was due to an administrative error, which complicates the narrative further. During a court hearing, a Justice Department lawyer conceded that Abrego Garcia should not have been removed, raising questions about the government’s handling of the case.
Despite these developments, the Trump administration has continued to argue that Abrego Garcia is beyond its jurisdiction and is currently under the authority of the Salvadoran government. Officials have stated that he is safe in a Salvadoran facility, reinforcing the notion that the U.S. no longer has a say in his status.
Tensions escalated as Abrego Garcia’s situation attracted the attention of lawmakers, including Senator Chris Van Hollen from Maryland, who visited him in El Salvador and expressed concerns about his well-being. In social media updates, both Van Hollen and El Salvador’s President Nayib Bukele confirmed Abrego Garcia’s health and circumstances.
Homeland Security officials have also faced scrutiny over past claims related to Abrego Garcia, particularly regarding a 2022 traffic stop that raised allegations of human trafficking. However, no formal charges were ever made against him in that incident, and his wife defended him, stating that he has worked in construction and occasionally transported workers.
As discussions continue between U.S. officials and their Salvadoran counterparts, Trump administration representatives have been vocal about their stance. They insist that the U.S. should not be compelled to bring back someone they describe as a criminal.
Notably, recent court rulings have criticized the administration’s approach to this case, with one appellate judge describing claims that the government is powerless to assist Abrego Garcia as “shocking.” The ongoing legal and diplomatic wrangling highlights the complexities of immigration enforcement and the intricate balance of authority between the two nations.
In a press conference, Trump downplayed the legal challenges related to Abrego Garcia, emphasizing his commitment to following the law while reiterating that the U.S. must remove individuals he characterizes as dangerous. As the situation evolves, it remains to be seen how government officials will navigate the conflicting mandates of law enforcement, judiciary authority, and international relations.