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Trump regime says Kilmar Abrego Garcia will be re-deported if he returns

Kilmar Abrego Garcia, a longtime resident of Maryland with no criminal record, was deported to El Salvador in March despite a court order that prohibited his removal. Now, as the legal battle continues, the Trump regime has announced that even if Abrego Garcia is returned to the United States as ordered by a federal judge, he will be deported again. The statement came during a federal hearing in which the Department of Homeland Security (DHS) openly defied both a district court and the U.S. Supreme Court, which had mandated that the government facilitate his return.

Abrego Garcia was granted withholding of removal in 2019 by an immigration judge, a form of relief given when a person faces a credible threat of persecution or death in their home country. Despite this protection, and his subsequent work permit and settled life with his wife and three U.S. citizen children, the Trump regime removed him from the country on March 15, 2025. At the time of deportation, he had not violated any U.S. laws, nor had he lost his protected status. The deportation has been described by immigration attorneys and federal judges as unlawful and potentially unconstitutional.

What followed his removal has raised even more questions. Abrego Garcia was immediately detained in El Salvador’s main Concentration Camp, known as CECOT, a facility criticized by human rights organizations for its inhumane conditions and lack of due process. Evidence emerged that U.S. officials coordinated with Salvadoran authorities and even paid the government to detain him upon arrival. Despite repeated questions from the court, DHS has refused to confirm or deny this arrangement under oath.

Judge Paula Xinis, overseeing the case in the District of Maryland, has expressed alarm over the regime’s behavior. In a recent order, she compelled DHS officials to provide sworn testimony explaining the circumstances of the deportation and the government’s efforts, or lack thereof, to comply with her ruling. She noted that the court’s authority was not optional and that failure to comply could lead to contempt proceedings.

Despite the Supreme Court declining to block Judge Xinis’s order, DHS has argued that the courts cannot force the executive branch to bring someone back who has already been removed. In court filings, DHS stated that even if Kilmar Abrego Garcia were returned, he would be subject to immediate re-deportation because his presence in the U.S. would be unauthorized. This position has shocked legal scholars, who say it effectively nullifies judicial review of executive actions and establishes a precedent where deportation decisions can override legal protections without consequence.

Democratic lawmakers, including Senators Chris Van Hollen and Ben Cardin, have publicly condemned the Trump administration’s handling of the case. They argue that Abrego Garcia’s deportation undermines the rule of law and endangers the lives of immigrants with legal protection. Several have called for an investigation into whether DHS violated federal statutes or committed perjury in its representations to the court. The Congressional Hispanic Caucus has also demanded answers and called for immediate action to bring him back safely.

Meanwhile, Republican officials have praised the administration’s firm stance on immigration enforcement. They point to unsubstantiated claims made by DHS that Abrego Garcia was affiliated with MS-13 and had a history of domestic abuse, despite no such findings in any judicial proceedings. His wife, a U.S. citizen and mother of their three children, has publicly denied the allegations, telling Politico that their marriage had been stable and that past personal issues were resolved privately and without legal intervention.

Abrego Garcia’s case has gained national attention as it represents a broader conflict between the judiciary and the executive over immigration enforcement. Civil liberties groups argue that this case exposes a dangerous expansion of executive power that threatens the integrity of the legal system. If federal agencies can ignore court orders and deport individuals without consequence, they warn, the constitutional protections supposedly offered to immigrants—even those with legal status—are effectively meaningless.

Efforts to locate and speak with Abrego Garcia have been limited. Salvadoran authorities confirmed his detention in CECOT, but international observers have not been granted access. The U.S. State Department has said only that he is alive and “secure,” offering no timeline or plan for his return. Meanwhile, his family in Maryland continues to push for his release and repatriation, backed by community organizations and legal advocates across the country.

As the standoff escalates, legal experts warn that the consequences go far beyond one case. If the Trump administration is allowed to ignore court orders without repercussions, it could signal a shift toward unchecked executive authority in immigration policy. For now, Kilmar Abrego Garcia remains detained abroad, with his future uncertain, and his rights—affirmed by multiple courts—left unenforced.

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