
The meeting between Donald Trump and the Salvadoran president could have been the perfect opportunity to correct the mistake made by the Trump administration in the Garcia case. Instead, the two presidents seemed to have fun with the situation.
The responsibility

During the visit of Salvadorian president Nayib Bukele to the White House, he and Donald Trump passed the responsibility back and forth regarding the mistaken deportation of a migrant to a controversial prison in Salvador.
His deportation

Kilmar Abrego Garcia, a Maryland resident, had been deported by mistake to a controversial prison in El Salvador, despite a Supreme Court decision requiring the Trump administration to facilitate his return, a ruling that had forbidden his deportation for security reasons.
Correct the mistake

The meeting between Donald Trump and the Salvadoran president could have been the ideal opportunity to correct the mistake made by the Trump administration in Garcia’s case. However, the two leaders instead chose to shift the responsibility to each other as to whom has the power to rule on the man’s freedom. Worse, the two presidents seemed to enjoy the situation throughout the meeting, exchanging smirks and arrogant remarks.
An administrative error

Donald Trump admitted that an administrative error had been made in Garcia’s expulsion, but claimed that his administration had respected the Supreme Court’s decision by removing any legal or logistical barriers on the American side. According to him, Garcia’s return now depends exclusively on the Salvadoran authorities, ruling out any diplomatic approach to bring him back.
The legal power

Salvadoran President Nayib Bukele stated that he would not facilitate the return of Kilmar Abrego Garcia to the United States, despite the injunction of the US Supreme Court. He claimed that he did not have the legal power to send him back, labeling Garcia a “terrorist” and rejecting any covert return operation. A poor president without power, if we were to believe Bukele.
No criminal charges

The terrorism allegations brought against Kilmar Abrego Garcia by the Trump administration and Salvadoran President Nayib Bukele are based on no concrete evidence. Although allegations of ties to the MS-13 gang have been made, no criminal charges have ever been brought against him in the United States or El Salvador.
A prior decision

The Supreme Court recently ordered the Trump administration to facilitate the return of Kilmar Abrego Garcia, who was illegally deported to El Salvador, considering that this deportation violated a prior decision protecting him. Since then, the administration has been trying to evade this obligation, notably by playing on the interpretation of the word ‘facilitate’.
Dangers

Kilmar Abrego Garcia, who entered the United States illegally around 2011, had been granted an exception to his deportation to the country due to the dangers to his life, a decision made in 2019 after a judge of immigration reviewed the evidence. The judge had concluded that the family man could not be deported, as he was the target of a gang in his home country, El Salvador.
Persistent inaction

Garcia’s future remains uncertain, and it remains to be seen how the Supreme Court will react to the Trump administration’s persistent inaction in this matter.