El Salvador’s President Nayib Bukele clashes with U.S. courts over a controversial deportation case involving an alleged MS-13 gang member that has ignited a heated diplomatic standoff.
At a Glance
- A Maryland judge ordered the return of Kilmar Ábrego García, who was mistakenly deported to El Salvador despite having protected status in the U.S.
- The Trump administration claims Ábrego García has MS-13 gang ties but provided limited evidence, which a judge called an “unsubstantiated allegation”
- Ábrego García, who has no criminal record, was living in Maryland with his wife and child until his deportation on March 15
- El Salvador’s President Bukele, a Trump ally, is refusing to comply with U.S. court orders to return the man
- Maryland Senator Chris Van Hollen traveled to El Salvador to meet with the detained man, drawing criticism from Republican officials
Diplomatic Standoff Over Disputed MS-13 Member
A growing international dispute has erupted between U.S. courts and El Salvador’s government over the fate of Kilmar Ábrego García, a 29-year-old man deported to El Salvador in March. The Trump administration included him among over 260 Venezuelans and Salvadorans deported, claiming they were gang members. However, Maryland Judge Paula Xinis has demanded his return, ruling that his deportation violated his protected status and constituted an “administrative error.” The Supreme Court has partially backed this order.
According to court documents, Ábrego García entered the U.S. illegally around 2011 but was granted protection from deportation based on potential gang persecution if returned to El Salvador. He had been living legally in Maryland with his wife and child until March 15, when immigration officials took him into custody and promptly deported him. The crux of the conflict centers on whether he has legitimate gang ties, as the Trump administration claims, or if he’s being wrongfully detained.
Disputed Evidence of Gang Affiliation
The Trump administration’s deportation justification rests on alleged ties to MS-13, one of the world’s most dangerous gangs. White House officials cited his clothing as displaying known MS-13 symbols and claimed information from an unidentified informant. However, Judge Xinis rejected these claims as inadequate, calling them “a singular unsubstantiated allegation.” Court records show Ábrego García has no criminal history in either the U.S. or El Salvador and has not been charged with any gang activities.
The 4th Circuit Court of Appeals strongly condemned the administration’s actions, ruling against their appeal. The three-judge panel accused the government of “asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order.” Despite these judicial rebukes, both Trump officials and President Bukele have maintained their positions, creating a complex legal and diplomatic impasse.
Controversial Congressional Intervention
Maryland Senator Chris Van Hollen has inserted himself directly into the controversy by traveling to El Salvador to meet with Ábrego García at the prison where he’s being held. The visit has drawn sharp criticism from Republican officials, with one sheriff describing the Democrat’s actions as “horrible” for meeting with an individual the administration has labeled as a gang member. Van Hollen has promised to provide more details about his findings upon his return to the United States.
President Bukele, who has built his political reputation on a tough anti-gang stance and operates a massive prison complex known as CECOT that holds thousands of suspected gang members, claims he cannot return Ábrego García to the U.S. as ordered. Bukele’s close alignment with the Trump administration on immigration matters has complicated the standoff, with neither side showing signs of backing down despite multiple court rulings.
Personal History and Deportation Context
Court records reveal a more complex picture of Ábrego García’s life in the United States. While living in Maryland under protected status, he faced a domestic issue in 2021 when his wife filed a restraining order against him. However, reports indicate they resolved this matter through counseling and continued their family life until his sudden deportation in March. His attorney disputes all gang allegations, pointing to the lack of criminal charges or evidence beyond clothing and an anonymous source.
The case highlights ongoing tensions surrounding immigration enforcement, judicial authority, and international relations. As both sides dig in their heels, Ábrego García remains in El Salvador’s prison system while American courts continue demanding his return. The standoff represents a significant test of judicial authority in immigration matters and the limits of international cooperation in enforcing U.S. court orders, particularly when they conflict with the priorities of foreign governments.
