In letter to Trump, Maryland Sen. Van Hollen details conversation with Salvadoran leader about deportation of Kilmar Abrego Garcia
Maryland Sen. Chris Van Hollen sent a letter to President Trump on Tuesday detailing the conversation he had about Kilmar Abrego Garcia with the vice president of El Salvador.
Van Hollen traveled to El Salvador in early April to check on the well-being of Abergo Garcia after he was mistakenly deported from Maryland to a prison in his native country of El Salvador.
The Trump administration admitted that Abrego Garcia's deportation was due to an administrative error. He had a 2019 protective order that should have prevented him from being deported.
Van Hollen pens letter to President Trump
Sen. Van Hollen said his meeting with Salvadoran Vice President Félix Ulloa revealed that the Trump administration had not taken any action to return Abrego Garcia to the U.S., despite orders from a federal judge and the U.S. Supreme Court.
"Your comments and the actions of your Administration clearly demonstrate your failure to comply with court orders as you continue to violate Mr. Abrego Garcia's constitutional and due process rights," Van Hollen wrote in his letter to Mr. Trump.
According to Van Hollen, Vice President Ulloa also revealed that Abrego Garcia was still being detained because the U.S. is paying El Salvador to keep him detained.
"...the Government of El Salvador is holding him solely at the request of your Administration and, specifically, because you are paying them to imprison him," Van Hollen wrote.
"The ball is in your court," Salvadoran vice president says
Van Hollen detailed several moments from his conversation with Ulloa, saying that the Salvadoran vice president told him "the ball is in your court," and said "we [El Salvador] cannot take any actions because the case is still in the United States' situation."
According to Van Hollen's letter, Ulloa made it clear that El Salvador's government would "act accordingly" once the case was resolved in the U.S.
Van Hollen further asked Ulloa if El Salvador had evidence that Abrego Garcia had committed a crime, to which he responded that the government does not "qualify those persons who are there, we just take them."
The vice president indicated that El Salvador did not look at Abrego Garcia's files, saying, "We have a deal with the U.S. government. They send people. We host them. They pay. And that's it."
Van Hollen argues administration has the authority to return Abrego Garcia
In his letter, Van Hollen argued that the Trump administration does have the authority to facilitate Abrego Garcia's return from El Salvador, despite their opposing claim.
"My conversation with Vice President Ulloa clearly demonstrates that the Government of El Salvador has no independent legal basis for imprisoning Mr. Abrego Garcia," the senator wrote.
"This also reveals that your Administration could easily facilitate his release by letting El Salvador know that — given his wrongful detention — they are not contractually bound to continue imprisoning Mr. Abrego Garcia," he added.
Trump administration alleges Abrego Garcia is tied to MS-13
In his letter, Van Hollen touches on the continued claims that Abrego Garcia is a member of MS-13.
Documents detail that Abrego Garcia was arrested in 2019 along with three men whom law enforcement recognized as gang members. At the time, detectives noted that Abrego Garcia was wearing a Chicago Bulls hat and a hoodie that were "indicative of Hispanic gang culture."
A source also told police that Abrego Garcia was an active MS-13 member, court documents showed.
His family and attorneys have repeatedly denied those allegations, and court records show Abrego Garcia does not have a criminal history in the U.S. or El Salvador.
"You continue to put out information on social media asserting that Mr. Abrego Garcia is a member of MS-13 and Vice President Vance falsely asserted that he has been convicted of crimes in the United States," Van Hollen wrote to Mr. Trump.
What's next for Kilmar Abrego Garcia?
As of April 29, Abrego Garcia remains in custody in El Salvador. He was moved to a lower security facility in mid-April, according to court documents.
A federal judge initially requested that the Trump administration provide daily updates about the actions they have taken to return Abrego Garcia, but she paused that order on April 23.
Judge Xinis instead is requiring the administration to provide updates by April 30 at 5 p.m.