President Donald Trump said Kilmar Abrego Garcia returning to the United States to have his deportation case heard in court “wouldn’t bother” him, but he is letting the Department of Justice (DOJ) determine the next steps.
Newsweek reached out to the DOJ via online form Friday night for comment.
Why It Matters
Abrego Garcia was detained in 2019 and has since been accused of being a member of the MS-13 El Salvadoran gang, which the Trump administration has designated as a foreign terrorist organization.
He and his lawyer have denied involvement in the gang, but two judges, in separate rulings, concluded that he was an MS-13 member, based on confidential information provided to the court.
Nonetheless, he was shielded from deportation to his native country because he said that he would be a target of MS-13’s gang rivals. Abrego Garcia was ultimately deported to El Salvador after being arrested last month in what Trump administration lawyers called an “administrative error.”
His family denies any ties to gangs and Abrego Garcia has no criminal record in the United States. In 2021, his wife, Jennifer Vasquez Sura, accused him of domestic violence and filed paperwork to obtain a restraining order, but says they have since reconciled.
In an exclusive statement to Newsweek, Vasquez Sura said, in part: “Things did not escalate, and I decided not to follow through with the civil court process. We were able to work through the situation privately as a family, including by going to counseling.
“Our marriage only grew stronger in the years that followed. No one is perfect, and no marriage is perfect.”
What To Know
Speaking to Time on April 22, Trump was asked about his immigration policies and specifically Abrego Garcia’s case.
When asked if Abrego Garcia deserves his day in court, the president said, “I really give that to my lawyers to determine, that’s why I have them. That’s not my determination. It’s something that, frankly, bringing him back and retrying him wouldn’t bother me, but I leave that up to my lawyer. You could bring him back and retry him—”
Trump added, “But I leave that decision to the lawyers. At this moment, they just don’t want to do that. They say we’re in total compliance with the Supreme Court.”
When asked if he is defying the Supreme Court by not following its unanimous ruling to help “facilitate” Abrego Garcia’s return from El Salvador, Trump responded, “I’m not defying the Supreme Court. I never defy the Supreme Court. I wouldn’t do that. I’m a big believer in the Supreme Court, and have a lot of respect for the Justices.”
Trump was also asked whether his administration is in fact facilitating Abrego Garcia’s return, and he said again that he is leaving it up to his lawyers.
“I give them no instructions. They feel that the order said something very much different from what you’re saying. But I leave that to my lawyers. If they want—and that would be the Attorney General of the United States and the people that represent the country. I don’t make that decision,” Trump said.
In a New York Times and Siena College poll released on Friday, 31 percent of voters approve of the way Trump is handling Abrego Garcia’s case versus 52 percent who disapprove.
The poll was taken from April 21 to April 24 among 913 voters, with a 3.8 percent margin of error.
What People Are Saying
Democratic Senator Chris Van Hollen of Maryland, on X, formerly Twitter, last weekend: “When you defy court orders and deny one man his Constitutional rights, you threaten them for ALL. Trump can post all he wants, but a federal judge said there’s ‘no evidence linking Abrego Garcia to MS-13 or to any terrorist activity.’ Trump needs to put up or shut up IN COURT.”
Vice President JD Vance, on X last week: “Call me crazy but if you got two hearings and a valid deportation order then you shouldn’t be in the United States.”
What Happens Next
It is unclear if or when Abrego Garcia will return to the United States.
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