BURSTSen. Eric Schmitt (R-Mo.) suggested the Trump administration could deport the Maryland man mistakenly sent to a maximum-security prison in El Salvador last month to a different country if he's returned to the U.S.
Kilmar Abrego Garcia was removed from the country after being pulled over for a routine traffic stop. The Department of Justice has admitted his removal was based on an "administrative error," but has argued it would be difficult to free him from the Salvadoran prison.
Abrego Garcia received a 2019 judgment in the United States granting him protection from removal to El Salvador after an immigration judge determined he would face persecution from gangs in his home country if returned.
U.S. District Judge Paula Xinis ruled last week that the court order still stands, and the Supreme Court on Thursday told the Trump administration to "facilitate" the Maryland man's return, though it did not offer specific instructions on how to do that.
“He had a credible claim under the Biden Administration for asylum under evidently a threat from another gang. But he is hardened criminal,” Schmitt said during a Thursday appearance on Fox News’s “The Ingraham Angle.”
“So, they can deport him because he is deportable. This is how ridiculous all this is. He is deportable,” Schmitt told host Laura Ingraham.
“They will deport him somewhere else. They can’t just deport him to El Salvador. Either way, the Trump Administration is going to continue this effort,” he added.
Immigration officials have accused the father-of-three of being an illegal immigrant and member of the MS-13 gang, but provided scant evidence. His wife and lawyers have denied those accusations.
“The Government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk,” Jonathan Cooper, a partner at Quinn Emanuel who represents Abrego Garcia, wrote in court filings.
Abrego Garcia’s case has come to symbolize broader concerns about the lack of due process in the Trump administration's deportation efforts, as well as raising unique questions about the right to legal remedy when U.S. residents are removed from the country.
Trump has promised the “largest deportation” in the country’s history during his second term, though daily deportation numbers have been lower so far than during Biden's last year in office.
“This will be methodical," Schmitt said Thursday night. "The good news is border crossings are down 95 percent but a lot more work to do on actual deportations."