Kilmar Abrego Garcia’s deportation to El Salvador last month was not a mistake, President Trump’s “border czar” Tom Homan said during Monday’s White House press briefing.
The Trump administration claimed in court papers last month Abrego Garcia, who was taken into custody by Immigration and Customs Enforcement agents in Maryland, was deported to a Salvadoran prison in March because of an “administrative error.” In 2019, Abrego Garcia — who entered the U.S. illegally — was granted “withholding of removal,” which forbids immigration authorities from removing him to his home country of El Salvador, citing the risk of persecution by gangs.
“I don’t accept the term ‘error’ in Abrego Garcia,” Homan said. “There was an oversight, there was a withholding order. But the facts surrounding the withholding order had changed. He is now a terrorist, and the gang he was fearing, from being removed from El Salvador, no longer exists.”
Homan’s claim that Abrego Garcia is a “terrorist” likely stems from the administration’s decision to designate certain gangs — including Salvadoran gang MS-13 — as terrorist organizations. The Trump administration has accused Abrego Garcia of belonging to MS-13, but his attorneys have strongly denied that he was a gang member and noted that he does not have a criminal record in the U.S. or any other country.
Prior to receiving his protection order, Abrego Garcia was arrested as he was soliciting work outside of a Home Depot, his attorney said. He was taken into custody, along with three men who authorities say were recognized as being affiliated with gangs. Abrego Garcia was wearing a Chicago Bulls hat and a hoodie with graphics that were “indicative of the Hispanic gang culture,” and police said a source told them Abrego Garcia was an active member of MS-13. His legal team denies any MS-13 links.
Salvadoran President Nayib Bukele said during his visit to the White House earlier this month that he has no intention of sending Abrego Garcia back to the United States, which prompted a visit to El Salvador by Maryland Sen. Chris Van Hollen.
On Monday, White House Press Secretary Karoline Leavitt echoed the Salvadoran president’s assertions.
“I will tell you what the president of El Salvador told you in the Oval Office: El Salvador does not intend to smuggle a designated foreign terrorist back into the United States,” Leavitt said. “He is an El Salvadoran national. That is his home country. That is where he belongs.”
Earlier this month, Abrego Garcia was moved from El Salvador’s maximum-security Terrorism Confinement Center to a lower-security facility.
Judge orders deadline for Trump administration’s response
Last week, a federal judge temporarily paused her order that required the Trump administration to provide updates on its efforts to facilitate the return of Abrego Garcia.
The Department of Justice asked Maryland-based U.S. District Judge Paula Xinis to stay her directive to provide testimony and documents on Abrego Garcia for seven days, and Abrego Garcia’s lawyers filed a sealed response. Xinis granted a stay of the discovery process until April 30 at 5 p.m. with “the agreement of the parties.”
Xinis previously said the Trump administration had shown a “willful and bad faith refusal to comply with discovery obligations.”
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