The saga of has become about more than one undocumented migrant’s plight in a Salvadoran jail and is now one of those rare cases that resonate in history and dictate the character of America itself.
The deported Maryland resident’s fate is turning into a defining test of Donald Trump’s mass expulsion program and of Democrats’ ability to frame an opposing argument on the politically complicated issue of immigration, which normally favors the president and his party.
The Abrego Garcia case and related matters could be the catalyst of a constitutional collision between an administration that Brooks does not restrain on its power and the authority of the judiciary to check an unfettered president.
The ultimate outcome of this critical legal battle could hinge on whether the conservative Supreme Court majority is willing to risk a showdown with the president, which it has seemed keen to avoid.
The administration admitted in court that Abrego Garcia was deported because of an administrative error, ignoring a judge’s ruling that he couldn’t be sent back to his native El Salvador, where his life could be in danger. But officials are refusing to return Abrego Garcia to the US, arguing they lack power to force El Salvador to do so.
Officials are also choosing to interpret the Supreme Court’s ruling that the Trump administration must “facilitate” his return as a unanimous endorsement of the administration’s position. They argue that because Abrego Garcia is in the custody of a foreign government, they have no power to return him.
The White House insists Abrego Garcia is a terrorist; a member of the notorious MS-13 gang, who will never be brought back to the US. But it has failed to produce definitive evidence to prove these claims. It has instead been maligning Abrego Garcia’s character by highlighting a domestic dispute with his US-born wife and a claim he was involved in human trafficking. But Abrego Garcia was not prosecuted in either case, and his wife has dismissed the allegations against him.
‘A lawless president’
Maryland Sen. Chris Van Hollen visited El Salvador last week. Abrego Garcia was brought out of custody to meet him, wearing civilian clothes, in a photo op apparently staged by the Trump-allied government to embarrass the visiting Democrat.
“The subject at hand is that he and his administration are defying a court order to give Abrego Garcia his due process rights,” Van Hollen told CNN’s Dana Bash on “State of the Union” on Sunday. “They need to put up or shut up in the courts.” The senator argued the case proved America has a “lawless president who is ignoring the order of the Supreme Court of the United States to facilitate his return.”
