President Donald Trump said he has the power to seek Kilmar Abrego Garcia’s return to the U.S. “if I’m instructed by the attorney general that it’s legal to do so.”
It’s legal to do so.
Therefore, if Attorney General Pam Bondi has told him otherwise, she’s incorrect. (I’ve reached out to the Justice Department for comment and will update this piece if I receive a response.)
Trump made the remark to NBC News’ Kristen Welker during a “Meet the Press” interview that aired Sunday. She mentioned the Supreme Court’s decision last month, in which the justices said that a judge properly ordered the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
Trump administration lawyers have acknowledged an immigration judge’s previous ruling barring Abrego Garcia’s removal to that country. They have said in court that sending him there was an “administrative error,” but they have continued to resist his return.
Welker asked Trump during the interview: “Just to put a fine point on this, do you have the power to bring Abrego Garcia back as the Supreme Court has ordered?”
Trump replied: “Well, I have the power to ask for him to come back if I’m instructed by the attorney general that it’s legal to do so. But the decision as to whether or not he should come back will be the head of El Salvador.”
To be sure, the Supreme Court’s order contemplates that Salvadoran President Nayib Bukele could refuse the U.S. government’s facilitation efforts. But that’s a separate issue from whether the government must make those efforts, which the Supreme Court said it must.
As for the latest in Abrego Garcia’s case, it’s back before U.S. District Judge Paula Xinis, who initially ordered his return. What’s happening there is what’s known as “discovery,” the information-gathering process for litigation. According to the latest schedule from Xinis, the government’s answers to questions from Abrego Garcia’s lawyers about its facilitation efforts are due Monday, and depositions of certain officials are due to be finished by Friday. Abrego Garcia’s lawyers can request by Wednesday to conduct additional depositions. In response to a “Meet the Press” interview question about whether the administration would seek to go back to the Supreme Court regarding the meaning of “facilitate,” Trump said, “We may do that.” The outcome of the latest litigation before Xinis could determine whether and when the case will go back to the justices. Ultimately, that may be necessary to resolve the case, because Trump’s latest comments are the latest evidence that the administration didn’t get the message the first time around. As I wrote last month, the Supreme Court could have issued a clearer order during that first round of litigation, which it may need to do if the case goes back to the justices. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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