The Trump administration is refusing to take full responsibility for returning Kilmar Abrego Garcia to the US, despite a clear Supreme Court order saying his deportation was unlawful.
Abrego Garcia, who had been legally protected in the US due to gang threats in El Salvador, was deported in March in what the government called a paperwork mistake. The Supreme Court ruled unanimously that the deportation violated the law and ordered the government to "facilitate" his return. But officials now argue they’ve done their part—and that it’s not their job to bring him back.
As per a Newsweek report, at the heart of the legal dispute is the word “facilitate.” The administration claims it means they must simply remove US-side obstacles, like offering a plane, not get him out of foreign detention. "If they want to return him, we would facilitate it, meaning provide a plane," said Attorney General Pam Bondi. "That’s up for El Salvador if they want to return him. That’s not up to us."
Critics argue this is a deliberate misreading. They point out that “facilitate” isn’t a passive suggestion—it implies taking meaningful action to make something happen. The distinction with “effectuate,” which means to fully carry out or enforce, has become the administration’s legal shield. By saying they are not required to “effectuate” the return, officials are drawing a line that many say dodges accountability. They argue the government is using legal wordplay—drawing a line between “facilitating” and “effectuating” his return—to avoid enforcing a binding ruling.
Abrego Garcia remains jailed in El Salvador, held in a maximum-security prison where political prisoners and alleged gang members are often detained indefinitely. President Nayib Bukele has refused to release him, calling him a “terrorist.” Trump, in a recent meeting with Bukele, backed that position, saying the media would "rather have a criminal released into our country."
Federal Judge Paula Xinis has ordered the administration to report daily on its efforts to secure Abrego Garcia’s return. She is also considering contempt proceedings if the government continues to avoid compliance.
Meanwhile, Abrego Garcia’s family is still in Maryland, pushing for his release and worried about his safety. His wife, Jennifer Vasquez Sura , has pleaded publicly for help, saying the administration is failing to follow the law and bring her husband home.
Abrego Garcia, who had been legally protected in the US due to gang threats in El Salvador, was deported in March in what the government called a paperwork mistake. The Supreme Court ruled unanimously that the deportation violated the law and ordered the government to "facilitate" his return. But officials now argue they’ve done their part—and that it’s not their job to bring him back.
As per a Newsweek report, at the heart of the legal dispute is the word “facilitate.” The administration claims it means they must simply remove US-side obstacles, like offering a plane, not get him out of foreign detention. "If they want to return him, we would facilitate it, meaning provide a plane," said Attorney General Pam Bondi. "That’s up for El Salvador if they want to return him. That’s not up to us."
Critics argue this is a deliberate misreading. They point out that “facilitate” isn’t a passive suggestion—it implies taking meaningful action to make something happen. The distinction with “effectuate,” which means to fully carry out or enforce, has become the administration’s legal shield. By saying they are not required to “effectuate” the return, officials are drawing a line that many say dodges accountability. They argue the government is using legal wordplay—drawing a line between “facilitating” and “effectuating” his return—to avoid enforcing a binding ruling.
Abrego Garcia remains jailed in El Salvador, held in a maximum-security prison where political prisoners and alleged gang members are often detained indefinitely. President Nayib Bukele has refused to release him, calling him a “terrorist.” Trump, in a recent meeting with Bukele, backed that position, saying the media would "rather have a criminal released into our country."
Federal Judge Paula Xinis has ordered the administration to report daily on its efforts to secure Abrego Garcia’s return. She is also considering contempt proceedings if the government continues to avoid compliance.
Meanwhile, Abrego Garcia’s family is still in Maryland, pushing for his release and worried about his safety. His wife, Jennifer Vasquez Sura , has pleaded publicly for help, saying the administration is failing to follow the law and bring her husband home.
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