On April 30, 2025, U.S. Secretary of State Marco Rubio stated that he would not disclose information to a federal judge regarding efforts to return Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported from Maryland despite a 2019 court order allowing him to remain in the United States. Rubio emphasized that foreign policy decisions fall under the executive branch’s purview, asserting, “Because the conduct of our foreign policy belongs to the president of the United States and the executive branch, not some judge.”

Abrego Garcia, who fled gang violence in El Salvador at age 16 and lived in Maryland for 14 years, was deported in March 2025 and detained in El Salvador’s Terrorism Confinement Center. His deportation violated a 2019 immigration judge’s ruling that protected him from removal due to credible threats from local gangs. ​

U.S. District Judge Paula Xinis had ordered the Trump administration to provide sworn testimony and documentation regarding efforts to return Abrego Garcia. However, the administration has resisted, citing state secrets and executive authority over foreign policy. ​

The case has drawn criticism from legal experts and human rights advocates, who argue that the administration’s actions undermine constitutional due process and judicial authority. Despite the Supreme Court upholding Judge Xinis’s order, the administration has made no concrete efforts to repatriate Abrego Garcia.

Source: Al Jazeera