Trump team confirms wrongly deported man still alive as prez says El Salvador’s leader will determine future of prisoners

The Maryland man erroneously deported to a notoriously brutal prison in El Salvador last month in defiance of a court order is still alive, the Trump administration confirmed Saturday.

Kimar Abrego Garcia remains in El Salvador’s Terrorism Confinement Center (CECOT) for now, amid a Supreme Court order directing the Trump administration to “facilitate” his return, a State Department official attested in a court filing.

“He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador,” Michael Kozak, a top State Department official, attested in a court filing.

Meanwhile, despite saying that he intends to adhere to the Supreme Court’s order last Thursday to facilitate Abrego Garcia’s return, President Trump emphasized late Saturday that El Salvador has “sole custody” of the migrants sent there.

“These barbarians are now in the sole custody of El Salvador, a proud and sovereign Nation, and their future is up to President B and his Government,” Trump wrote on Truth Social Saturday, referring to El Salvador’s President Nayib Bukele.

“They will never threaten or menace our Citizens again!”

Trump is set to meet with Bukele on Monday.

Abrego Garcia was among the nearly 260 individuals the Trump administration flew to El Salvador last month, whom it alleged had ties to international gangs like Tren de Aragua.

The president tapped into to powers in the 18th-century Alien Enemies Act to send those migrants to El Salvador expeditiously and bypass the traditional channels for deportation.

But in 2019, an immigration judge restricted the government from deporting Abrego Garcia back to El Salvador due to fears that he could face persecution from groups like the Barrio 18 gang.

Officials have since admitted that Abrego Garcia’s deportation was due to an “administrative error” and a “clerical error.”

The Trump administration continues to allege that Abrego Garcia is “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source,” something his relatives vehemently deny.

The administration also alleges Abrego Garcia illegally entered the country in 2011.

Despite acknowledging the 2019 court order, Trump’s team had battled against demands to bring Abrego Garcia back to the US, with Solicitor General John Sauer arguing that the US “does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding.”

A federal judge had given the Trump administration a deadline of last Monday to bring Abrego Garcia back home.

Ultimately, the Supreme Court intervened, initially blocking that ruling and then unanimously scrapping the fast deadline the federal judge had set.

“The intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” the Supreme Court wrote in a unanimous ruling last Thursday. “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”

“For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.” 

After the ruling from the high court, Trump told reporters, “If the Supreme Court said bring somebody back, I would do that.”

“I respect the Supreme Court.”

It remains unclear how aggressive the Trump administration will be in trying to facilitate Abrego Garcia’s return.

“The Supreme Court made they are really very clear it is the administration’s responsibility to facilitate the return, not to effectuate the return,” White House press secretary Karoline Leavitt told reporters last week.