‘Full-Blown Constitutional Crisis’ Deepens as Bukele Refuses to Release Maryland Resident

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Original article by Julia Conley republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

U.S. President Donald Trump meets with El Salvador’s President Nayib Bukele in the Oval Office of the White House in Washington, D.C. on April 14, 2025 (Photo: Brendan Smialowski/AFP via Getty Images)

“If this holds,” said one critic, “there is no law but Trump’s law.”

“Everyone here is pretending,” said immigration policy expert Aaron Reichlin-Melnick as a video of Salvadoran President Nayib Bukele speaking in the Oval Office circulated on Monday.

Bukele, said the senior fellow at the American Immigration Council, was pretending “that he’s incapable of releasing” Kilmar Abrego Garcia, a Maryland resident whom the Trump administration expelled to El Salvador’s Terrorism Confinement Center (CECOT) in March, while President Donald Trump continued to pretend he’s unable to demand Abrego Garcia’s release.

When reporters asked Bukele to weigh in on Abrego Garcia’s case, the Salvadoran leader scoffed.

“Of course you’re not suggesting that I smuggle a terrorist into the United States,” he said. “How can I return him to the United States, do I smuggle him into the United States? …I don’t have the power to return him to the United States.”

Abrego Garcia entered the U.S. as an undocumented immigrant in 2011. He was accused by a police informant of being a member of MS-13 in 2019, but he denied the allegations and was never charged with a crime. He was denied asylum in a hearing, but a judge determined that he should not be deported to his home country of El Salvador, where he had a credible fear of facing persecution and torture.

He had been working as a sheet metal worker and living in Maryland with his wife and children for several years when he was among hundreds of people accused of being criminals and rounded up to be expelled to El Salvador under a Trump administration deal with Bukele last month.

In the Oval Office on Monday, Bukele joined the Trump administration in claiming nothing can be done to return Abrego Garcia to his family in Maryland.

“The U.S. is pretending it doesn’t have the power,” said civil rights lawyer Patrick Jaicomo. “And Bukele is pretending he doesn’t have the power. So who has the power?”

The Supreme Court last week said the administration is responsible for “facilitating” Abrego Garcia’s release, and the Department of Justice claimed in a filing on Sunday that under that order, it is only liable for allowing the man to enter the U.S. once he is freed from the prison in El Salvador.

Trump’s treatment of the case represents “a full-blown constitutional crisis and possibly the watershed moment for what the near future looks like,” said one writer. “If this holds, there is no law but Trump’s law.”

In the Oval Office, said J.P. Hill, both leaders were “openly saying they’ll defy the Supreme Court and maybe even send American citizens to the prison camp in El Salvador. Nobody will be safe if we let this happen.”

As Bukele and Trump both denied responsibility for the hundreds of people they have sent to CECOT, Documentedreported on Merwil Gutiérrez, a 19-year-old Venezuelan immigrant who was also sent to El Salvador.

Gutiérrez has no criminal record in the U.S. or his home country, and was not a target of Immigration and Customs Enforcement’s deportation operation. An ICE agent said, “He’s not the one,” when a group of officers came to make an arrest at Gutiérrez’s apartment building, but another replied, “Take him anyway.”

Gutiérrez’s story, said Reichlin-Melnick, “comes as Bukele today pretends that he has no power to release people held in his own prison.”

Original article by Julia Conley republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

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Continue Reading‘Full-Blown Constitutional Crisis’ Deepens as Bukele Refuses to Release Maryland Resident

US Court Orders Return of Man Trump Sent to Salvadoran Prison in ‘Error’

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Original article by Eloise Goldsmith republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Inmates the Trump administration alleges are linked to criminal organizations are lined up by guards in their cells at the Terrorism Confinement Center, a maximum security prison, on March 16, 2025 in Tecoluca, El Salvador. (Photo: Salvadoran Government via Getty Images)

“How the government reacts will tell us so much about how far down the road to autocracy we are,” said one lawyer.

A U.S. judge on Friday ordered the return of a Maryland resident who the Trump administration mistakenly deported to a prison in El Salvador last month, according to The Associated Press.

Prior to issuing the ruling, U.S. District Judge Paula Xinis called the deportation of Kilmar Abrego Garcia “an illegal act.”

The judge, an appointee of former President Barack Obamagave the Trump administration end of the day of the day on Monday to bring him back to the United States.

Supporters outside the courtroom cheered as the judge handed down her order, according to The Washington Post.

Responding to the ruling on social media, U.S. Rep. Pramila Jayapal (D-Wash.) said: “This is a big win. Now Trump must comply with the judge’s order.”

Immigration lawyer Ava Benach wrote: “The right decision. How the government reacts will tell us so much about how far down the road to autocracy we are.”

The right decision. How the government reacts will tell us so much about how far down the road to autocracy we are.

(@avabenach.bsky.social) 2025-04-04T19:27:00.697Z

Abrego Garcia was among hundreds of people the administration expelled in mid-March to a notorious megaprison in El Salvador after targeting them for alleged gang ties.

In a court papers filed earlier this week in the U.S. District Court for the District of Maryland, an Immigration and Customs Enforcement (ICE) acting field office director admitted that the removal of Abrego Garcia on March 15 “was an error.”

Abrego Garcia was deported despite the fact that in 2019, a U.S. immigration judge ruled that he could not be deported to his native El Salvador because he would likely face gang persecution there.

Original article by Eloise Goldsmith republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

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Continue ReadingUS Court Orders Return of Man Trump Sent to Salvadoran Prison in ‘Error’