On Wednesday, White House adviser Stephen Miller countered Fox News host Bill Hemmer’s interpretation of the Supreme Court ruling that mandates the Trump administration to ‘facilitate’ the return of a deported Maryland man currently held indefinitely in El Salvador, asserting that the administration had, in fact, ‘won’ the case.
Kilmar Abrego Garcia, a sheet metal worker who resided in the U.S. for 14 years, was apprehended in Baltimore on March 12 after picking up his five-year-old son due to his previous connections with the terrorist-designated MS-13 gang. Immigration and Customs Enforcement (ICE) later acknowledged in court that his deportation stemmed from an ‘administrative error.’
Nevertheless, the Trump administration contends that it bears no legal responsibility to reinstate him, particularly after the Justice Department disclosed records confirming his prior affiliation with the gang.
In a legal document submitted on Sunday, attorneys from the Justice Department contended that the court lacks the authority to mandate actions from the president or federal agencies, referencing the executive branch’s jurisdiction over foreign policy.
On Monday, during an appearance on America’s Newsroom, host Bill Hemmer summarized the case, mentioning that Abrego Garcia had been ‘mistakenly’ deported, which led Miller to promptly refute this claim, accusing Hemmer of being entirely incorrect. ‘I must clarify that. I regret having to do this, Bill. I need to correct you on every point you made. It was all incorrect,’ Miller stated.
Initially, we achieved a decisive victory in the Supreme Court case with a unanimous 9-0 ruling. A District Court judge has unreasonably mandated that the president and his administration must enter El Salvador to extradite one of its citizens, which would constitute an act of kidnapping. This would require us to forcibly take an El Salvadoran citizen against the wishes of his government and transport him back to the United States, representing an unprecedented violation of El Salvador’s sovereignty,” Miller stated.
We petitioned the Supreme Court, asserting that no District Court has the authority to mandate the president to utilize his Article II foreign powers in any manner. Following the Supreme Court’s decision, the Department of Justice contacted me and remarked, ‘It is remarkable that we achieved a unanimous victory of 9-0; our position here is exceptionally strong,’ Miller elaborated.
The media has misrepresented the situation for the past 72 hours. It was stated that the maximum a court can require is to assist in the return process, implying that if El Salvador chooses to send him back voluntarily, we would not prevent his entry at the airport; instead, he would be placed back in ICE detention and subsequently deported to El Salvador or another location,” Miller explained. “The Supreme Court has determined that this is the extent of the government’s obligations. Therefore, we have prevailed in this case. The inaccuracies in reporting have been egregious.
He was not inadvertently sent to El Salvador; rather, he is an undocumented immigrant from El Salvador. In 2019, he received a deportation order, which is a final removal directive from the United States. These facts are undisputed. What is his country of origin? El Salvador. What is his status as a resident and citizen? El Salvador. Is he residing here unlawfully? Yes. Does he possess a deportation order? Yes,” Miller elaborated.
Indeed, Bill, I am not only convinced of this, but El Salvador shares this conviction as well. Miller stated, ‘He is an undocumented immigrant from El Salvador who has a deportation order. Therefore, his only alternatives, Bill, are to be sent back to El Salvador or to another country. Those are his only choices, as he possesses a deportation order.’
