García Has Virtually No Legal Options

WASHINGTON - April 15, 2025 - PRLog -- Supporters hoping that federal judge Paula Xinis would take some steps towards trying to return Kilmar Abrego García to the U.S. after he was mistakenly deported to El Salvador were disappointed; not only that the judge refused to do so, but also that the government swore under oath that even if García returned, he would very promptly be deported again.

That efforts to force his return to the U.S. are simply an exercise in futility was predicted yesterday - Returning Illegal Migrant from El Salvador 'An Exercise in Futility': Legal Scholars (https://www.washingtonexaminer.com/news/washington-secrets/3380527/returning-kilmar-abrego-garcia-el-salvador-exercise-in-futility-legal-scholars/) - by public interest law professor John Banzhaf, who now says that García appears to have virtually no viable legal options to return to his former life in Maryland.

The acting general council at the Department of Homeland Security [DHS] told the judge under oath that: "if Alfredo García does present at a port of Entry, he would become subject to detention by DHS.   In that case DHS would take him into custody in the United States and either remove him to a third country or terminate his withholding of removal because of his membership in MS – 13, a designated foreign terrorist organization, and remove him to El Salvador."

While DHS has the authority to remove him to a third country - since his "withholding of removal" status only prohibits him from being deported to El Salvador - revoking his protected status would seem to require a hearing of some kind before an immigration judge.

But since the immigration judge is an employee of the Justice Department headed by Pam Bondi who wants to keep García out of the U.S., and García's claim that he has a reasonable and well founded fear of violence is undercut by numerous unbiased reports that the level of violence in El Salvador has been slashed, it is very likely that his protection against deportation to El Salvador would be revoked.

That would occur regardless of the strength that he is or ever was a member of MS-13, says Banzhaf.

It also appears true that no judge can order the President, or probably even a cabinet secretary, to even request that García be released from prison since that would involve judges in foreign affairs with the president of a foreign nation.

Even if such a court order were somehow to be issued and a formal request made, President Nayib Bukele would no doubt refuse to honor it because he would know how Trump really feels, and that the request is being made only because of a judge's order.