Homeland Security Secretary Kristi Noem vowed Wednesday to “immediately deport” alleged MS-13 gangbanger Kilmar Abrego Garcia again if he came back to the US — despite the Supreme Court ordering the White House to facilitate his return.
“[Abrego Garcia] is not under our control. He is an El Salvador citizen. He is home there in his country. If he were to be brought back to the United States of America, we would immediately deport him again,” Noem told CBS News.
The 29-year-old Salvadoran citizen, who had been living in Maryland, was deported by the Trump administration to El Salvador’s notorious megaprison last month amid claims he is a member of the violent gang.
Several federal courts have since called for Abrego Garcia’s return after determining his deportation, which Trump justified under the 18th-century Alien Enemies Act, was the result of a “clerical error.”
Asked what she had done to aid the migrant’s return so far, Noem said she was following the law.
“President Trump and his administration has adhered to the court and respects the court and its decisions,” Noem said.
“This individual is not under the United States of America’s jurisdiction, and he is not one of our citizens. He is home in his home country. And that’s up to that country to decide what to do.”
She argued, too, that the government spends “hours and hours” building cases against alleged gangbangers before making moves to boot them from the US.
“Obviously, we’re relying on the expertise of our investigators, our teams, double-checking, triple-checking, going through the paperwork, making sure that we have done everything absolutely correctly,” she said.
Abrego Garcia’s lawyers have argued their client has no criminal history to support his removal from the US.
His family has also denied the government’s assertion that he is a member of a gang.