Trump administration officials reportedly worked on a plan to bring Kilmar Abrego Garcia back to the U.S. from El Salvador before the White House performed a dramatic U-turn, according to The Atlantic.
At first, Abrego Garcia’s removal from American soil was called an “administrative error” and then a “clerical error.” But now, the administration is adamant that Abrego Garcia is a gang member and a terrorist who will never set foot in the U.S. again.
However, in the days after his removal, some officials tried to find ways to bring him back. They grew concerned for his safety in a prison where he may be attacked, and they were stumped over the thin evidence connecting him to being part of a gang.
Abrego Garcia’s family sued, prompting discussions between lawyers at the Department of Justice, State, and Homeland Security, according to The Atlantic. Those discussions contradict the government’s subsequent statements, in which they were adamant that Abrego Garcia wouldn’t return to the U.S.
U.S. officials reportedly worked to resolve the case before their work was blocked. The discussions included the notion of having the U.S. ambassador to El Salvador make an appeal to President Nayib Bukele for Abrego Garcia’s return. However, the legal team at the State Department first wanted more information from Homeland Security about the allegations that he was a member of the MS-13 gang. The little evidence they received led to a skeptical response from State Department lawyers.
Abrego Garcia came to the U.S. unlawfully at the age of 16 and was one of 23 Salvadorans removed from the U.S. on March 15. However, his name wasn’t on an internal list of 10 gang members that Bukele was after.
DHS lawyers knew that six years previously, a judge had handed Abrego Garcia protected status because of worries that he could be targeted for violence if he was returned to El Salvador, a protection which his March 15 removal had violated. The DHS attorneys wanted U.S. diplomats to ask the Salvadorian government to keep Abrego Garcia separated from Barrio 18 gang members who had previously threatened him and extorted his mother’s business.
But criticism of the response to the case grew, and the White House suddenly took charge of the case and completely changed the tone.
White House Press Secretary Karoline Leavitt rejected the notion that there ever was an attempt to bring back Abrego Garcia.
“The Administration has always maintained the position that Abrego Garcia was the man we rightfully intended to deport because he is an illegal immigrant and MS-13 gang Member,” she told The Atlantic. She added that the administration is complying with court orders related to the case.
The 29-year-old Abrego Garcia had been working in construction and had three children with his wife, a U.S. citizen.
During their discussions, officials at the State Department asked on multiple occasions for DHS and ICE to explain how Abrego Garcia had been identified as an MS-13 gang member. The officials noted that his connection to the gang would affect Bukele’s readiness to possibly release him if the ambassador tried to get him to do so.
Bukele appeared with President Donald Trump in the Oval Office on April 14, calling the idea that he would return Abrego Garcia “preposterous.”
While Abrego Garcia had some traffic violations in his past, ICE officials falsely told the State Department that he had criminal charges filed against him, The Atlantic noted.
By Monday, March 31, a week after Abrego Garcia’s family had filed the suit, the Trump administration’s stance had started to change. The Department of Justice said in a court filing that Abrego Garcia had been deported due to an “administrative error,” but stated that they would not take action to bring him back, citing that the federal court cannot order the White House to conduct foreign policy in a specific manner.
One of the Justice Department attorneys who wrote the brief admitting the error was later fired for not “vigorously” defending the president, Attorney General Pam Bondi said.
Only a few days after government attorneys had discussed how to keep Abrego Garcia safe until he could be returned, Leavitt claimed that he was an MS-13 leader guilty of human trafficking.
Deputy White House Chief of Staff for Policy Stephen Miller took charge of the messaging on the case, slamming reporters who asked about Abrego Garcia and cheering on the administration’s showdown with the judicial branch.
U.S. Government attorneys said the Bukele administration has told them that the 29-year-old is now being detained at a lower-security facility “in good conditions and in an excellent state of health.”
“With respect to any other communications, disclosing any diplomatic discussions regarding Mr. Abrego Garcia could negatively impact any outcome,” the Department of Justice said on Monday in a court filing.
