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What to Know About the Deportation of Kilmar Armando Abrego Garcia to El Salvador

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What to Know About the Deportation of Kilmar Armando Abrego Garcia to El Salvador

Some of President Trump’s top aides on Monday misstated several key facts involving the deportation of a Maryland man to El Salvador last month, blatantly contradicting other members of the administration who have maintained for weeks that his expulsion was an “administrative error.”

In remarks from the Oval Office and on television, Mr. Trump’s advisers suddenly declared that the man, Kilmar Armando Abrego Garcia, had been lawfully sent to a prison in El Salvador.

The White House also sought to portray a recent Supreme Court ruling in Mr. Abrego Garcia’s case as a victory when in fact the decision was a nuanced one. It partly found in favor of Mr. Abrego Garcia while also leaving open a loophole for the administration to avoid bringing him back from El Salvador.

The efforts by the Trump administration to misrepresent the case came as President Nayib Bukele of El Salvador announced after a meeting with Mr. Trump that his government would not return Mr. Abrego Garcia to U.S. soil.

Here are some of the ways in which the White House has twisted the facts.

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When Mr. Abrego Garcia, a Salvadoran immigrant, was arrested while looking for work at a Home Depot in Maryland in 2019, a judge determined that he should not be deported to his homeland because he might face danger there. The ruling, known as a “withholding from removal” order, meant that he could stay in the United States with a measure of legal protection.

In March, however, he was suddenly pulled over by federal agents who accused him of being a member of the Salvadoran gang MS-13 and inaccurately told him that his protected status in the country had changed. Within three days, he was on a plane with other migrants to a prison in El Salvador called CECOT, which is known for its human rights violations.

After Mr. Abrego Garcia’s family sued the government seeking his return, several Trump administration officials — including the United States solicitor general — made a rare admission: The White House had made a mistake when it deported Mr. Abrego Garcia.

But on Monday, Stephen Miller, Mr. Trump’s top domestic policy adviser, abruptly changed course. He declared on Fox News that Mr. Abrego Garcia had not in fact been wrongfully deported.

“He was not mistakenly sent to El Salvador,” Mr. Miller said, adding, “This was the right person sent to the right place.”

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The sudden turnabout was remarkable not only because Mr. Miller, who is not a lawyer, contradicted previous assertions by some within the administration, but also because he appeared to go against the findings of the Supreme Court. In their recent ruling in Mr. Abrego Garcia’s case, the justices immediately stated that the government itself had taken the position that “the removal to El Salvador was the result of an ‘administrative error.’”

That view had already been advanced in court papers by a top official at U.S. Immigration and Customs Enforcement and by D. John Sauer, Mr. Trump’s newly appointed solicitor general. It was also offered during a court hearing this month by Erez Reuveni, a Justice Department lawyer who was handling the case — that is, until he was fired this weekend, according to a person familiar with the matter.

In one of the more remarkable moments in his appearance on Fox News, Mr. Miller blamed Mr. Reuveni — and only Mr. Reuveni — for having planted the idea that Mr. Abrego Garcia’s deportation had been in error.

“A D.O.J. lawyer who has since been relieved of duty, a saboteur, a Democrat, put into a filing, incorrectly, that this was a mistaken removal,” Mr. Miller said.

That assertion, however, flew in the face of the fact that other Trump officials had said the exact same thing.

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One of them was Mr. Sauer, a top-ranking Justice Department official. Another was Robert Cerna, the acting field office director for enforcement and removal operations at ICE.

Early in the case, Mr. Cerna submitted a sworn declaration about Mr. Abrego Garcia’s deportation, and made clear that it was a mistake.

“This removal was an error,” he said.

Moreover, just a few weeks before he was fired, Mr. Reuveni was praised as a “top-notched” prosecutor by his superiors in an email announcing a recent promotion.

Mr. Trump and his top aides have repeatedly accused Mr. Abrego Garcia of being a member of MS-13. They have also said at times that he is a terrorist — but only because the administration recently designated MS-13 as a terrorist organization.

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In the Oval Office on Monday, Attorney General Pam Bondi said that two courts — an immigration court and an appellate court — had “ruled” that Mr. Abrego Garcia was a member of MS-13. But Ms. Bondi’s statement was a bit misleading.

To be clear, Mr. Abrego Garcia has never been charged with — let alone convicted of — being a member of the gang. But during his deportation proceedings, some evidence was introduced that he belonged to MS-13, and judges decided it was enough to keep him in custody while the matter was resolved.

But other judges have found the same evidence to be lacking.

When Judge Paula Xinis, who has been overseeing the efforts to bring Mr. Abrego Garcia back to the United States, considered the accusations that he was a gang member, she decided they were less than persuasive.

“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie, and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never lived,” Judge Xinis wrote in an order last week.

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In its daily update to Judge Xinis outlining what steps it has taken to return Mr. Abrego Garcia to the United States, the Justice Department, submitting its filing more than an hour late, echoed many of the recalcitrant remarks that administration officials made in the Oval Office. It included the assertion that in 2019, a judge had determined that Mr. Abrego Garcia was a member of MS-13.

When the Supreme Court handed down its ruling in Mr. Abrego Garcia’s case last week, its findings were complicated and rather ambiguous.

The justices endorsed Judge Xinis’s previous order that required the administration to “facilitate” the return of Mr. Abrego Garcia. But they stopped short of actually ordering his return, indicating that even federal courts may not have the authority to require the executive branch to do so.

And yet Mr. Miller, in his appearance on Fox News and in the Oval Office, portrayed the ruling as an unmitigated victory for the Trump administration.

He said, for instance, that the Supreme Court’s instructions that the White House had to “facilitate” getting Mr. Abrego Garcia out of custody meant that Trump officials could assume an entirely passive stance toward his release.

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“If El Salvador voluntarily sends him back,” Mr. Miller said on Fox News, “we wouldn’t block him at the airport.”

But whether that position flies with Judge Xinis remains to be seen. She has scheduled a hearing to discuss what the government should do for Tuesday in Federal District Court in Maryland.

Mr. Miller also seized upon a small portion of the justices’ ruling that directed Judge Xinis to take the first crack at telling the White House what to do. The justices cautioned Judge Xinis that as she considered that issue, her ultimate decision needed to be made “with due regard for the deference owed to the executive branch in the conduct of foreign affairs.”

The Justice Department used that line in a court filing on Sunday to suggest that the courts were powerless to dictate how the White House should act because the president alone has broad powers to handle foreign policy.

“The federal courts have no authority to direct the executive branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” lawyers for the department wrote. “That is the ‘exclusive power of the president as the sole organ of the federal government in the field of international relations.’”

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Glenn Thrush contributed reporting.

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What to know about Kilmar Abrego Garcia’s release from immigration custody

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What to know about Kilmar Abrego Garcia’s release from immigration custody

BALTIMORE — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.

Abrego Garcia currently can’t be deported to his home country of El Salvador thanks to a 2019 immigration court order that found he had a “well founded fear” of danger there. However, the Trump administration has said he cannot stay in the U.S. Over the past few months, government officials have said they would deport him to Uganda, Eswatini, Ghana and, most recently, Liberia.

Abrego Garcia is fighting his deportation in federal court in Maryland, where his attorneys claim the administration is manipulating the immigration system to punish him for successfully challenging his earlier deportation.

Here’s what to know about the latest developments in the case:

Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother, who had become a U.S. citizen. In 2019, an immigration judge granted him protection from being deported back to his home country.

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While he was allowed to live and work in the U.S. under Immigration and Customs Enforcement supervision, he was not given residency status. Earlier this year, he was mistakenly deported to El Salvador, despite the earlier court ruling.

When Abrego Garcia was deported in March, he was held in a notoriously brutal Salvadoran prison despite having no criminal record.

The Trump administration initially fought efforts to bring him back to the U.S. but eventually complied after the U.S. Supreme Court weighed in. He returned to the U.S. in June, only to face an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia was held in a Tennessee jail for more than two months before he was released on Friday, Aug. 22, to await trial in Maryland under home detention.

His freedom lasted a weekend. On the following Monday, he reported to the Baltimore immigration office for a check-in and was immediately taken into immigration custody. Officials announced plans to deport him to a series of African countries, but they were blocked by an order from U.S. District Judge Paula Xinis in Maryland.

On Thursday, after months of legal filings and hearings, Xinis ruled that Abrego Garcia should be released immediately. Her ruling hinged on what was likely a procedural error by the immigration judge who heard his case in 2019.

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Normally, in a case like this, an immigration judge will first issue an order of removal. Then the judge will essentially freeze that order by issuing a “withholding of removal” order, according to Memphis immigration attorney Andrew Rankin.

In Abrego Garcia’s case, the judge granted withholding of removal to El Salvador because he found Abrego Garcia’s life could be in danger there. However, the judge never took the first step of issuing the order of removal. The government argued in Xinis’ court that the order of removal could be inferred, but the judge disagreed.

Without a final order of removal, Abrego Garcia can’t be deported, Xinis ruled.

The only way to get an order of removal is to go back to immigration court and ask for one, Rankin said. But reopening the immigration case is a gamble because Abrego Garcia’s attorneys would likely seek protection from deportation in the form of asylum or some other type of relief.

One wrinkle is that immigration courts are officially part of the executive branch, and the judges there are not generally viewed as being as independent as federal judges.

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“There might be independence in some areas, but if the administration wants a certain result, by all accounts it seems they’re going to exert the pressure on the individuals to get that result,” Rankin said. “I hope he gets a fair shake, and two lawyers make arguments — somebody wins, somebody loses — instead of giving it to an immigration judge with a 95% denial rate, where everybody in the world knows how it’s gonna go down.”

Alternatively, the government could appeal Xinis’ order to the 4th U.S. Circuit Court of Appeals and try to get her ruling overturned, Rankin said. If the appeals court agreed with the government that the final order of removal was implied, there could be no need to reopen the immigration case.

In compliance with Xinis’ order, Abrego Garcia was released from immigration detention in Pennsylvania on Thursday evening and allowed to return home for the first time in months. However, he was also told to report to an immigration officer in Baltimore early the next morning.

Fearing that he would be detained again, his attorneys asked Xinis for a temporary restraining order. Xinis filed that order early Friday morning. It prohibits immigration officials from taking Abrego Garcia back into custody, at least for the time being. A hearing on the issue could happen as early as next week.

Meanwhile, in Tennessee, Abrego Garcia has pleaded not guilty in the criminal case where he is charged with human smuggling and conspiracy to commit human smuggling.

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Prosecutors claim he accepted money to transport, within the United States, people who were in the country illegally. The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.

Abrego Garcia has asked U.S. District Court Judge Waverly Crenshaw to dismiss the smuggling charges on the grounds of “selective or vindictive prosecution.”

Crenshaw earlier found “some evidence that the prosecution against him may be vindictive” and said many statements by Trump administration officials “raise cause for concern.” Crenshaw specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News Channel program that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.

The two sides have been sparring over whether senior Justice Department officials, including Blanche, can be required to testify in the case.

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Afghan CIA fighters face stark reality in the U.S. : Consider This from NPR

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Afghan CIA fighters face stark reality in the U.S. : Consider This from NPR

A makeshift memorial stands outside the Farragut West Metro station on December 01, 2025 in Washington, DC. Two West Virginia National Guard troops were shot blocks from the White House on November 26.

Heather Diehl/Getty Images


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Heather Diehl/Getty Images

They survived some of the Afghanistan War’s most grueling and treacherous missions. 

But once they evacuated to the U.S., many Afghan fighters who served in “Zero Units” found themselves spiraling. 

Among their ranks was Rahmanullah Lakanwal, the man charged with killing one National Guard member and seriously injuring a second after opening fire on them in Washington, D.C. on Thanksgiving Eve.

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NPR’s Brian Mann spoke to people involved in Zero Units and learned some have struggled with mental health since coming to the U.S. At least four soldiers have died by suicide. 

For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org. Email us at considerthis@npr.org.

This episode was produced by Erika Ryan and Karen Zamora. It was edited by Alina Hartounian and Courtney Dorning.

Our executive producer is Sami Yenigun.

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Video: Behind the Supreme Court’s Push to Expand Presidential Power

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Video: Behind the Supreme Court’s Push to Expand Presidential Power

new video loaded: Behind the Supreme Court’s Push to Expand Presidential Power

For more than a decade, the Supreme Court’s conservative majority has chipped away at Congress’s power to insulate independent agencies from politics. Now, the court has signaled its willingness to expand presidential power once again.

By Ann E. Marimow, Claire Hogan, Stephanie Swart and Pierre Kattar

December 12, 2025

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