Americans who still believe in that we should live by the Constitution – and even those who know we have had a hard time doing that – are is watching the Kilmar Armando Abrego Garcia case but it is a question as to how much we can wait to act against what Trump has been doing for these past few months. Here is a breakdown about this latest saga in the Trump Error.

The Trump administration and El Salvador’s President Nayib Bukele made clear during a recent Oval Office meeting that Kilmar Armando Abrego Garcia, a Maryland man mistakenly deported to El Salvador, will not be returned to the U.S. — despite a Supreme Court ruling requiring the U.S. government to “facilitate” his return.

Background: Mistaken Deportation

Abrego Garcia fled gang violence in El Salvador over a decade ago and was granted legally protected status by an immigration judge in 2019. The judge barred his removal after finding that a gang was threatening his life because of his family’s pupusa business. However, in March, U.S. authorities mistakenly deported him due to what they now call an “administrative error.”

The Trump administration later alleged that Abrego Garcia is a member of MS-13, a gang designated as a terrorist organization. However, his lawyers argue there is no evidence of this, emphasizing his clean criminal record and life as a family man.

The Supreme Court Ruling

The Supreme Court ruled that the U.S. must “facilitate” — but not necessarily “effectuate” — Abrego Garcia’s return. This means the government must assist in his return but isn’t strictly required to ensure it happens. The decision left room for interpretation, making it unclear how aggressively the government must act.

President Trump initially said he would respect a Supreme Court decision, but when asked again during the Oval Office meeting, he avoided answering. Attorney General Pam Bondi and other officials stressed that it’s ultimately up to El Salvador whether to allow his return.

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El Salvador’s Position

President Bukele dismissed the idea of returning Abrego Garcia, calling it “preposterous” and implying that he views Abrego as a terrorist. Bukele has built a close relationship with the Trump administration by accepting deportees, including alleged gang members, and by offering to house violent U.S. criminals in El Salvador’s infamous mega-prisons like CECOT.

Court Battles and Daily Updates

After the Supreme Court decision, U.S. District Judge Paula Xinis ordered the Trump administration to provide daily updates on steps taken to facilitate Abrego Garcia’s return. However, Justice Department attorneys repeatedly failed to provide clear information, even admitting they didn’t know where Abrego Garcia currently is — a fact Judge Xinis called “extremely troubling.”

Xinis made clear she expects the government to show daily, sworn progress reports, and indicated she may take further action if the administration continues to stall.

The Political Context

The Trump administration has been using the centuries-old Alien Enemies Act to deport individuals under wartime powers, a strategy that has sparked numerous legal challenges. While the Supreme Court recently allowed Trump to continue using this act, it also required notice be given to deportees so they could contest their removal.

Meanwhile, Trump continues to praise Bukele, ignoring human rights criticisms over Bukele’s crackdown on gangs and suspension of civil liberties. Trump even encouraged Bukele to build more mega-prisons and signaled willingness to deport not only immigrants but also U.S. citizens deemed violent criminals.

What Comes Next

Abrego Garcia remains imprisoned in El Salvador’s CECOT facility. While Judge Xinis demands daily updates and has left open the possibility of stronger legal action, it remains uncertain whether Abrego Garcia will ever be returned to the U.S. His lawyers are preparing to pursue additional court orders if the government fails to act.

As legal experts note, the Supreme Court left just enough ambiguity in its decision to make enforcement difficult, allowing the Trump administration to delay or resist without openly defying the court — leaving Abrego Garcia’s fate hanging in the balance.