Summary
Sen. Chris Van Hollen (D-Md.) traveled to El Salvador to seek the return of Kilmar Abrego Garcia, a Maryland resident wrongfully deported in March.
Abrego Garcia, married to a U.S. citizen with three children, was legally allowed to stay under a 2019 court order.
The Trump administration admitted his deportation was an “administrative error” but refused his return. The Supreme Court ruled against the administration 9-0.
In response, the White House launched a smear campaign against Van Hollen, framing Garcia as a gang member despite no charges or convictions.
First, someone cannot be granted withholding of removal without having an order of removal. The immigration judge must first determine that the person is removable, and then the person can apply for withholding.
Second, the withholding of removal is limited to El Salvador, which means he can be deported to other countries.
As such, the error is the destination only