When it comes to Bitcoin, El Salvador’s President Nayib Bukele hasn’t just dipped his toes in. He wouldn’t assist Abrego Garcia, a Sabah of the Salvadoran citizenship who was deported from the United States thanks to an administrative mix-up. Bukele’s decision comes despite a U.S. Supreme Court ruling that directed the Trump administration to assist in Garcia’s return. The case has attracted national attention both because of its implications for immigration policy as well as the more general question about what constitutes gang affiliation.
A district court judge found Abrego Garcia to be a pervasive member of the infamous MS-13 gang. As a married father of three, living in Maryland, he thought he was living the American dream. He has yet to be convicted of a crime in the U.S. Judge Paula Xinis of the Maryland U.S. District Court found that there is absolutely no basis in fact for the assertion that he is a member of any gang. Since his deportation in March, Garcia has been detained in one of the most notorious prisons in El Salvador.
The Supreme Court’s ruling specifically required the Trump administration to “facilitate” Garcia’s return, which entails providing transportation back to the U.S. As Bondi, press secretary for the administration, told us, the ball is now in El Salvador’s court on the ultimate choice.
“That’s up to El Salvador if they want to return him. That’s not up to us,” – Bondi
President Bukele said he didn’t want to send Garcia back during a White House meeting with then-President Donald Trump, calling him a “terrorist.” This uncritical rhetoric further highlights the desires and tensions that animate immigration and homeland security issues.
“I mean, we’re not very fond of releasing terrorists into our country,” – Bukele
In reaction to these unfortunate events, Judge Xinis did something. She further ordered the Trump administration to provide her with regular updates on Garcia’s status and what steps they were taking to facilitate his return. The decision revealed the murky enforcement realities of immigration. It also exposed the varying definitions of what exactly even is a threat to public safety.
Garcia’s story is particularly tragic. Though he had spent most of his life in the U.S., poor record-keeping and an administrative error resulted in his violent deportation. His family is still in Maryland, where they are still pursuing his return to Maryland. Bukele has already shown that he is not interested in working with the U.S. administration on this issue. This is in direct contradiction to the Supreme Court ruling.
“I don’t have the power to return him to the United States,” – Bukele
The suit poses important issues regarding the ways in which countries treat deportees they know or suspect to have gang affiliations, though without any underlying criminal convictions. This moment underscores the need for progress on many long-standing challenges in U.S.-El Salvador relations. In particular, it condemns immigration enforcement discrimination against individuals accused of gang involvement.