Even though the Supreme Court ruled that the Trump administration has to make an effort to bring back a man from Maryland who was illegally deported to El Salvador, it seems unlikely that it will actually do so.
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The Supreme Court on Thursday night unanimously upheld a lower court ruling that requires the Trump administration to “facilitate” the return of Kilmar Abrego Garcia, a man from Maryland who was illegally deported to El Salvador last month.
However, Abrego Garcia should not hold his breath. It will be some time — if ever — before he is freed from the infamous El Salvadoran gulag where he is likely being held.
First of all, the Supreme Court directed District Court Judge Paula Xinis, who handed down the original ruling, to clarify her order “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
In other words, she should detail how the Trump administration should facilitate Abrego Garcia’s return.
Xinis moved quickly and, late Thursday night, gave the US government a 9:30 am deadline on Friday to disclose the physical whereabouts of Abrego Garcia, what it has already done to make sure he is returned, and what it plans to do in the future.
This is in line with the Supreme Court’s order, which directed the administration to “share what it can concerning the steps it has taken and the prospect of further steps.”
However, the key phrase here is “what it can.”
The US government has absolutely no interest in bringing back Abrego Garcia because, once he leaves the El Salvadoran prison, he will then be able to speak with his lawyers and family members, who will then talk to the media.
That’s a huge problem for the Trump administration, which has been lying about Abrego Garcia and the danger he allegedly poses.
In addition, he would not only be able to describe the conditions in the prison in a way no Kristi Noem photo op ever could, but it is also possible that he has spoken with some of the other deportees who were shipped to El Salvador… and it certainly appears as though Abrego Garcia is not the only individual who should not have been sent there.
This is not information that the White House wants Americans to have because they would rightfully be appalled at the haphazard and callous way in which this deportation operation has been carried out.
Fortunately for them, the Supreme Court already provided the Trump administration with the perfect excuse for why it can ignore the order. All it has to do is to claim that there were negotiations between the US president and his El Salvadoran counterpart, Nayib Bukele, but that these are privileged conversations between world leaders and cannot be shared.
If the two of them actually talk about this issue at all, then it will certainly involve a lot of winks and nods, but no resolution, since it is in the interest of both presidents to keep Abrego Garcia and the others safely stashed away in that gulag.
Therefore, it would be truly shocking if any of them are returned, no matter what the Supreme Court or any other judge says.
In his Navigating the Insanity columns, Klaus Marre provides the kind of hard-hitting, thought-provoking, and often humorous analysis you won’t find anywhere else.
