The Department of Homeland Security has updated its court filing on the case of Abrego Garcia, the El Salvadorian man at the center of an immigration case that Trump administration opponents say is an example of cruelty and lawlessness.
In its latest updated filing, the federal government argues that the removal of Kilmar Armando Abrego Garcia was fully lawful and grounded in due process. According to a declaration submitted by DHS Acting General Counsel Joseph Mazzara, Abrego Garcia—a Salvadoran national—was removed under existing immigration law after a years-long legal process that included review by both an immigration judge and the Board of Immigration Appeals.
At the heart of the government’s argument is its classification of Abrego Garcia as a known member of MS-13, which has since been designated as a foreign terrorist organization. That designation, DHS argues, disqualified him from continued protection under a prior order of withholding of removal. The filing also emphasizes that DHS followed standard legal procedures and had a lawful basis to carry out the deportation, especially given the national security implications of MS-13’s formal designation.
SEE ALSO: Trump and Bukele Torch CNN’s Kaitlan Collins in Oval Office Showdown Over Deported MS-13 Gangbanger
The government’s position, DHS argues is that this wasn’t an arbitrary or rushed deportation—it was a lawful removal of an individual tied to a violent international gang, processed through the system, and executed under existing authority.
Interestingly, the filing also links to El Salvador president Nayib Bukele and his appearance in the Oval Office, a portion of that appearance seen below (and quoted in the filing).
.@nayibbukele: “The question is preposterous. How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States.” pic.twitter.com/PyrXqO4bvJ
— Rapid Response 47 (@RapidResponse47) April 14, 2025
Bukele and Trump made it clear in the Oval Office that a return was not on the table, which is certainly causing consternation against the anti-immigration-enforcement community. However, multiple Trump administration officials have (sensibly) pointed out that Garcia was in clear violation of U.S. law, and that his status as an affiliate of MS-13 (whatever those ties may be) invalidated any other protection order.
Whether or not that is a strong enough case remains to be determined by the legal system through further debate.
