Trump says he can free the man his administration illegally imprisoned in El Salvador, but won’t

Photo: CBS Austin

It’s become clear that convicted felon, sexual abuser and President Trump is now willfully defying an emergency order from the United States Supreme Court. That’s one of  the definitions of a Constitutional crisis.

In the November, 2024 election, 61% of Mesa County voters chose to send Trump to the presidency, and now he’s plunging the country into multiple crisis, including an economic crisis through tariffs, efforts to end birthright citizenship (a right guaranteed by the U.S. Constitution), attacking the judiciary and arresting judges who make rulings and take actions he doesn’t like, extorting universities, illegally invoking a wartime act to exert authoritarian power over people he disagrees with, and more.

Trump has now created a Constitutional crisis, according to multiple legal scholars.

A Constitutional crisis is when a president knowingly and willfully defies U.S. laws and judicial rulings, which Trump has done continuously since taking office.

Trump has now made it clear he is willfully defying a direct, unanimous emergency ruling from the U.S. Supreme Court (pdf) that ordered him to facilitate the return of Kilmar Abrego Garcia from an El Salvadoran prison, and ensure Garcia is given the due process he deserved under U.S. law before he was sent there. Garcia is the Maryland man Trump had  ICE kidnap off the street without an arrest warrant and sent to a notorious “terrorism confinement center” (prison) in El Salvador, without any due process — a right guaranteed to every person present on American soil under the U.S. Constitution.

The Supreme Court wrote:

“To this day, the Government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison. Nor could it. The Government remains bound by an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador because he faced a ‘clear probability of future persecution’ there and ‘demonstrated that [El Salvador’s] authorities were and would be unable or unwilling to protect him.’ … The Government has not challenged the validity of that order. Instead of hastening to correct its egregious error, the Government dismissed it as an ‘oversight.’”

Even though a Trump administration lawyer admitted in early April that the government had made an administrative error in sending Abrego Garcia to prison in El Salvador, the federal government has made no effort to get him back.

Despite being U.S. President and having the power to bring Garcia back, Trump has refused, and now he’s doubled down on that response in obvious defiance of the Supreme Court’s unanimous order.

In an interview about his first 100 days in office, he told White House reporter Terry Moran of ABC News that he can free the man, but won’t.

Trump is basing his decision about a man’s freedom on a doctored photo

Trump insisted that he’s basing his decision not to bring Garcia back to the U.S. on a photo he says shows Garcia has “MS13” tattooed on the knuckles of his left hand. But the photo was clearly doctored, and Garcia does not have the tattoos.

An April 19, 2025 article in this blog warned readers that Trump is having people grabbed off the streets, detained without arrest or search warrants, and shipped to a foreign prison based mostly on their tattoos, even though courts consider tattoos unreliable evidence of having committed any crime.

Here is the obviously-doctored photo of Abrego Garcia’s left hand that Trump says he’s basing his illegal decision on:

 

Here are undoctored photos taken of Abrego Garcia:

Photo of Abrego Garcia taken with Maryland Senator Chris Van Hollen in El Salvador, showing Garcia’s left hand
Close-up of Garcia’s left hand from the photo above, showing no “MS13” tattoos.

 

Photo of Abrego Garcia with his wife and baby, with his left hand enlarged, showing no “MS13” tattoo on his hand. The supposed “MS13” tattoo was the sole criteria Trump cited for his reason why he’s doubling down on not returning Garcia to the U.S. in accordance with a direct order from the U.S. Supreme Court to do so. Trump had Garcia illegally snatched off a Maryland street without a warrant, and quickly sent to a foreign prison without due process ,as required under the U.S. Constitution. Trump is now doubling down on refusing to bring Garcia back to the U.S.

 

7 thoughts on “Trump says he can free the man his administration illegally imprisoned in El Salvador, but won’t”

  1. If you have done any research about this story, you will know it’s VERY complicated. For instance, the stay on Garcia’s deportation was issued in 2019. It was determined during this hearing that he was MS 13. Many things occurred in the ensuing years.

    Bottom line…it’s messy and as far as public opinion (which actually counts) you will have two stories.

    1) “Maryland dad kidnapped for no reason and sent to super max prison in El Salvador because Donald Trump is an authoritarian fascist.”

    2) “Illegal immigrant determined in 2019 to be MS 13 and who has a court order for removal, in addition to suspected human trafficking. There is also credible evidence of spousal physical abuse”

    There are currently at least ten Wikipedia pages on this case and it’s pretty balanced, suprisingly. Complications may favor the anti-deportation crowd, (lots of young, leftist lawyers) but so far, the Trump administration has shown itself to be pretty saavy, and it’s likely pretty popular to deport people who have no right to be here.

    1. When was the hearing that lifted the stay on his deportation? What crime was he convicted of (and when was the trial)?

      Where was the due process that led to his arrest, deportation and imprisonment in a foreign penitentary?

      Still waiting for evidence supporting your claim about Obama. Still not expecting any either.

  2. You can’t possibly be thinking the “MS13” shown in the picture is supposed to be part of the tattoo.

    And… I’m just wondering how upset you were when Barack Obama deported 3 million illegal immigrants w/o due process. Probably not at all.

    1. We don’t think it is part of the tattoo. Trump, however, does.

      And I’d like to see a link for your claim about Obama. I don’t expect one, however.

  3. That has to be the lamest Photoshop job I’ve ever seen. Just look at how sharp the letters are, and how they look exactly like a computer font.

    Honestly, I’m surprised that whoever did this had enough expertise to get rid of the white background before copy/pasting the letters.

    1. I believe the photo was modified to “justify” the claim that he was in MS-13 by indicating that the symbols he has tattooed on his fingers stand for “MS-13”.

      Trump was just too dumb to realize the letters and numbers were added to the picture.

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