President Donald Trump is examining the legality of deporting U.S. citizens to foreign prisons, specifically targeting individuals he describes as “homegrown criminals.” Recent changes in Kilmar Abrego Garcia’s case have raised the White House’s interest. This call to action stems from his unique plight as a deported veteran.
Last week, the U.S. Supreme Court issued a monumental ruling. They affirmed a federal district court judge’s order that requires the Trump administration to assist in making Abrego Garcia’s return possible. Administration officials explained to reporters that they were unable to compel the El Salvadoran government to accept him. Importantly, they underscored the limits of their own influence here. El Salvador’s President Nayib Bukele has insisted in no uncertain terms that he will not free Abrego Garcia. According to the U.S., Garcia has ties to the infamous MS-13 gang.
On Monday, Trump announced that his administration would deport “homegrown criminals” to a new, infamous megaprison in El Salvador. As applied to U.S. citizens, this proposal raises important and complex legal questions about the deportation of U.S. citizens. We know this because administration officials have been engaged in active discussions about whether or not such actions would be legal.
Karoline Leavitt, the White House press secretary, condemned the continuing investigation. She stated, “It’s another question that the president has raised. We’re looking at it, and when I have more to share, I certainly will.”
Kilmar Abrego Garcia is one of the many deportations to have taken place as a result of what ICE calls an ‘administrative error.’ His lawyers argue that he has never been part of the MS-13 gang, muddying the story behind his case. People have been terrified — from the beginning of the Trump administration, they deported over 200 alleged foreign gang members to El Salvador. They are now locked up inside it.
The White House continues to quietly wrestle with the impact of this policy change, as it is understood, there’s still a lot more to figure out. The legal framework guiding deportations remains a critical factor in determining how far the administration can go in its efforts to address gang violence and crime.
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