President Donald Trump said he could return Kilmar Abrego Garcia to the United States “with one phone call” — a claim that stands in direct conflict with ongoing arguments by his own Justice Department and a series of court rulings that have ordered the administration to facilitate Abrego Garcia’s return.
“If he were the gentleman that you say he is, I would do that. But he is not,” Trump told ABC News in an interview that aired Tuesday, referring to the 29-year-old immigrant who was deported to El Salvador in March despite a judge’s ruling blocking that specific removal.
“I’m not the one making this decision,” Trump added. “We have lawyers that don’t want to do this.”
Yet federal courts, including the U.S. Supreme Court, have ruled that the deportation was illegal and have directed the administration to return Abrego Garcia to the U.S. so he can receive due process — a right the courts found was denied.
Judge Paula Xinis, who is overseeing the case, has ordered the government to comply with her discovery demands by May 9 after expressing frustration with the administration’s lack of transparency. “This court expects sworn, under-oath testimony,” Xinis said in a recent hearing.
Justice Department lawyers argue that Abrego Garcia is now in the “sovereign, domestic custody” of El Salvador and that the U.S. lacks the authority to bring him back. Attorney General Pam Bondi echoed that position, saying, “That’s up to El Salvador. That’s not up to us.”
But in his ABC interview, Trump insisted he has influence over Salvadoran President Nayib Bukele, saying he could reverse the deportation if he wanted to — even though, he admitted, he hasn’t tried. “I really leave that to the lawyers,” Trump said at a Cabinet meeting Wednesday.
Adding to the controversy, Trump repeated claims that Abrego Garcia is a member of the MS-13 gang, pointing to a manipulated photo showing gang symbols tattooed on his knuckles — an image experts and reporters have confirmed was altered. “He had MS-13, on his knuckles, tattooed,” Trump said. “He said he wasn’t in a gang. But you see it.”
ABC News’ Terry Moran challenged the image’s authenticity, prompting Trump to dismiss the concern as “fake news.”
Oscar Giron, a retired Maryland police investigator with experience in MS-13 cases, told reporters that the tattoos shown were not consistent with MS-13 affiliation and that many gang members avoid visible tattoos to escape law enforcement scrutiny.
Abrego Garcia’s legal team said they plan to pursue all legal avenues to comply with the courts’ orders. “We will seek to determine who in the U.S. government has taken action to facilitate Mr. Abrego Garcia’s return, what specific steps they’ve taken, and who may have worked to block those efforts,” said a statement from Murray Osorio PLLC.
Legal experts say the case could lead to contempt proceedings if the administration continues to defy the court’s rulings. “There’s no question he’s in the constructive custody of the United States,” said immigration attorney David Leopold. “We’re paying for the prison. The courts are saying: bring him back.”
The Department of Justice and the White House declined to comment on whether Trump’s statements reflect a change in legal strategy.
