During the discussion, Collins referenced a recent ruling by the U.S. Supreme Court that instructed the Trump administration to ‘facilitate’ the return of Abrego Garcia. He also pointed to a prior court decision from 2019 that permitted Abrego Garcia to remain in the country temporarily, arguing that this indicated a failure on the part of the administration in his removal. However, these arguments did not persuade Homan. ‘I have observed that some individuals express concern that the current administration’s position suggests that if someone is deported inadvertently, they bear no responsibility for that individual once they are in the custody of a foreign government. How would you respond to that?’ Collins inquired.
Homan addressed the situation by referencing the details of the case, noting that Abrego Garcia was indeed residing in the country unlawfully, had been recognized by two distinct immigration courts, and had received a subsequent determination from El Salvador confirming his affiliation with the MS-13 gang, which President Trump has classified as a terrorist organization. “He is currently in the custody of El Salvador; he is a national of El Salvador,” Homan stated. “El Salvador has him detained… The president of El Salvador has clearly indicated that he will not be released. The Department of Justice will pursue this matter legally… The courts will determine the appropriate next steps.”
Collins once again referenced the 2019 court decision, yet she neglected to mention that numerous developments have occurred since then, including Abrego Garcia’s classification as a member of a terrorist organization and his previous criminal history.
“Although an immigration judge stated that he cannot be deported to El Salvador, he could have been sent to any other location,” Collins asserted before being interrupted by Homan.
“We keep revisiting this issue… That was years ago, and the situation in the country has changed,” Homan retorted.
“The gang referenced no longer operates in El Salvador,” he continued, referring to a now-defunct rival of MS-13 mentioned by the judge in the 2019 ruling.
“He has been labeled a terrorist since that ruling,” the border czar emphasized. “Two separate federal judges have confirmed his affiliation with MS-13. A police department has identified him as an MS-13 member. Data from ICE corroborates his membership in MS-13. El Salvador has also recognized him as an MS-13 member.”
It is acknowledged that MS-13 has been classified as a terrorist organization. The circumstances surrounding the case have evolved since the initial ruling, Homan elaborated.
The panel of three judges included Judge Harvie Wilkinson, appointed by President Reagan, Judge Robert King, who was appointed by President Bill Clinton, and Judge Stephanie Thacker, appointed by President Barack Obama. In the court’s opinion, Judge Wilkinson consistently referred to Abrego Garcia as a ‘resident,’ despite the fact that Abrego Garcia is not a legal resident of the United States, as reported by Fox News.
The government is claiming the authority to detain citizens of this nation in overseas prisons without the semblance of due process, which is fundamental to our constitutional framework,” Wilkinson stated. “This should be alarming not only to judges but also to the inherent sense of freedom that Americans, even those distant from the courts, continue to cherish.