Democrats wage losing battle over man deported in error

Out of over 100,000 deportations carried out since President Donald Trump’s Jan. 20 inauguration — a tiny fraction of the millions living illegally in the United States — Democrats have gone all-in on clamoring for the release of a man whose backstory has become increasingly concerning.

They might end up regretting it.

Salvadoran man living in Maryland deported in error

Kilmar Armando Abrego Garcia was incorrectly deported on March 15 due to a procedural error by the Trump administration. Abrego Garcia’s removal to his home country of El Salvador, ordered in 2019 due to suspected ties to violent international gang MS-13, had been placed on hold by a court order later that same year.

Overlooking that court order was a significant error on the part of the Trump administration — one it is very wrong to dismiss. As a result, the Supreme Court on April 10 upheld a District Court judge’s order stating the administration must facilitate Abrego Garcia’s return from El Salvador.

The Supreme Court did not, however, uphold the district judge’s order that the Trump administration must effectuate Abrego Garcia’s return, as the district judge had also ordered. For the purposes of his case, “facilitate,” or to provide the means for his return, is not the same as “effectuate,” or explicitly carry out.

The Supreme Court instructed the District Court to clarify the term “effectuate” to be sure the judge’s order does not exceed the scope of the District Court’s authority. The administration continues to resist the order to facilitate Abrego Garcia’s return.

Circumstances are complicated

Abrego Garcia, his family and supporters clearly believe he deserves to stay in the country because he is (now) married to an American citizen and raising dependent children, says he is of no gang affiliation and fears persecution from a gang in his home country. When characterized that way, it seems fairly simple.

The Trump administration says Abrego Garcia is a confirmed member of a terrorist gang who never had authorization to live in the United States. That also seems fairly simple.

Nevertheless, it’s not. Illegal immigration, like other criminal and civil matters, is adjudicated in court between two parties: the government acting on behalf of the citizens of the United States and the person alleged to be living here illegally. Depending on the facts of the case, the various legal avenues and remedies available to each party and more, even seemingly simple cases are invariably complicated.

The real-life circumstances are complicated too, as the lives and affairs of human beings always are. Courts have no choice but to simplify those circumstances to determine an outcome because they are guided by the same principle that our nation is governed: the rule of law.

That means that regardless of how strongly people feel one way or another, Abrego Garcia’s immigration case must be decided on the facts, with feelings and emotions left out of the process.

Facts of Abrego Garcia’s case

These are the facts: Kilmar Abrego-Garcia’s presence in the United States was never legal. In 2019, he was detained and ordered removed from the country due to a reported affiliation with MS-13. A court twice determined the claim of his MS-13 affiliation valid — based on more than his clothing, contrary to some reports.

It has not been found by any court that Abrego Garcia’s MS-13 ties were determined in error.

Download: Kilmer-Abrego-Garcia-Documents.pdf

Another court then found that Abrego Garcia faced persecution in El Salvador from Barrio-18, a gang (and MS-13 rival) that threatened him and his family, and granted him an order withholding his removal to El Salvador.

An order withholding removal does not constitute asylum, which Abrego Garcia was denied. Nor did it require that Abrego Garcia be allowed to remain in the United States. He could have been sent to any country that would have him — other than El Salvador.

That’s where the government erred. The Trump administration acknowledged it overlooked the order to withhold Abrego Garcia’s removal to El Salvador, where he is currently being held along with over 200 other deportees in the maximum-security Terrorism Confinement Center, or CECOT, about 20 miles outside the capital of San Salvador.

As he is in the custody of Salvadoran officials, Abrego Garcia’s return now requires the cooperation of Salvadoran President Nayib Bukele, essentially expanding the issue into matter of diplomacy. So far, Bukele has refused.

Blood in the political waters

Democrats can’t resist the opportunity to seize on the Trump administration’s mistake for political gain. On Thursday, Bukele posted photos on social media of a healthy-appearing Abrego Garcia in civilian clothing, talking with Maryland Sen. Chris Van Hollen over margaritas in what looked like an open-air dining area outside CECOT in El Salvador. Other Democrats are said to be packing their bags for sunny El Salvador, with media eager to follow.

  Buy Photo

Bukele says he cannot simply release a terrorist to a foreign country. Legally, the U.S. — to Abrego Garcia — is a foreign country.

But is he a confirmed member of a terrorist group? Or is he a man who fears persecution upon being returned to the country he left as a teenager?

United States courts have said he is both.

The case has turned into a political circus and media spectacle, one in which Democrats are so happy to perform that they apparently — some would say obviously — haven’t considered their goal.

It’s already clear: defeating the Trump administration’s agenda and Trump himself, however and whenever they can.

Oh, and to bring a Maryland dad home to his wife and kids. (That too.)

But if they were to pause long enough to look ahead, they might realize that neither of those are likely to happen.

Life in the U.S. unlikely for Abrego Garcia

Even if the Trump administration remedies its error and secures Abrego Garcia’s return through an agreement with Bukele, the Department of Homeland Security is sure to immediately restart deportation proceedings — and do them correctly this time.

The 2019 order withholding Abrego Garcia’s removal could be found no longer valid. Those orders cannot apply to individuals with suspected ties to terrorism — such as MS-13, which is now designated a foreign terrorist organization.

Even aside from that, an order of withholding can be revoked if circumstances relating to the threat of persecution improve. Though a great deal can be said about his methods, Bukele’s crackdowns on gang activity — including that of Barrio 18, Abrego-Garcia’s claimed persecutors in El Salvador — have transformed the country from the most dangerous in Central America to the safest.

The Trump administration should absolutely follow through on having Abrego Garcia returned to the United States. Justice cannot be done without the airtight guarantee called due process.

But say he is returned and deportation is reinitiated, this time with every box checked perfectly. What, then, would Democrats’ and activist groups’ next political move be?

Democrats’ position clashes with most Americans’

Barring some miracle by which they realize their strategy bears more poison than fruit and quietly move on, they would still be defending a reported gang member, accused wifebeater and suspected human trafficker in front of an American public that isn’t exactly pleased to keep him around.

On Thursday, CNN “data guru” Harry Enten presented data to viewers showing that 56% of Americans favor deporting not just some, but all foreign nationals living illegally in the United States, putting Democrats at odds with a healthy majority of their own constituents.

Abrego Garcia’s story — initially, at least, was to Democrats and their supporters what peanut butter is to a hungry mouse: irresistible. They probably won’t realize it’s a political trap until they’ve been caught in it.

While Van Hollen’s plane was cruising toward El Salvador on Wednesday, DHS revealed that Abrego Garcia’s wife obtained an order of protection against him in 2021 for domestic violence. Regardless of whether charges result, an order of protection can result in consequences for any noncitizen’s immigration status.

And on Thursday, DHS confirmed reports from right-leaning news site The Tennessee Star that the Tennessee Highway Patrol suspected Abrego Garcia of human trafficking during a 2022 traffic stop while he was driving a van full of passengers without luggage from Texas to Maryland. Other documents showed the van Abrego Garcia was driving had been flagged by DHS investigators in Baltimore as a vehicle used for human trafficking or smuggling.

Those circumstances could get any other noncitizen flagged for deportation in the blink of an eye.

Kilmar Abrego-Garcia is not coming back to live with his wife and kids in Maryland. To his family, that is nothing short of heartbreaking.

To everyone else, it’s an occurrence of political war, one in which Democrats with already-low approval ratings stake victory on Kilmar Abrego-Garcia’s cause. Whether or not that hill worth is dying on, their strategy may ensure they do.

Comments: 319-398-8266; althea.cole@thegazette.com