LOUISVILLE, Ky. — Kentucky lawmakers are weighing in on the case of Kilmar Abrego Garcia, the Maryland man who was mistakenly deported to El Salvador because of an administrative error.
Rep. Morgan McGarvey, D-Louisville, said the Trump administration’s actions directly violate a Supreme Court order to bring Garcia home.
“It’s so bad right now that all three of the Supreme Court justices that Donald Trump appointed have told him he has to stop doing this,” he said.
McGarvey said due process is a fundamental right for anyone living in the U.S.
He said this is a situation everyone should continue to track.
“We’re talking to everyone about this because it is important. It is so important that we protect the rights and liberties of people in this country and it shouldn’t matter what side of the aisle you’re on to be able to stand up for that,” McGarvey said.
In its ruling on Thursday, April 10, the Supreme Court rejected the administration’s emergency appeal of Xinis’ April 4 order for Abrego Garcia’s return.
The Salvadoran citizen had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs.
Prior to the Supreme Court’s 9-0 ruling, the Trump administration must facilitate Garcia’s return, Sen. Mitch McConnell, R-Ky., said last week during an interview with WHAS Radio.
In the interview, he deferred to decisions made by the courts.
“I think the courts are going to be quite busy. Not only in that case, but with a lot of other cases because the President–I’m sure he would be proud of the fact that he’s doing things that no one’s ever done,” McConnell said.
On Monday, a spokesperson for McConnell told Spectrum News the senator has not yet commented on the situation following the Supreme Court ruling.
Rep. Andy Barr, R-Lexington, sided with the Trump administration.
Barr posted about the situation on X on Wednesday, April 16, he said in part, “While President Trump is focused on protecting American families, Democrats are fighting to bring a MS-13 gang member back into the U.S.”
The administration claims Garcia is a member of the MS-13 gang, though he has never been charged with or convicted of a crime. His attorneys said there is no evidence he was in MS-13.
Officials representing the administration acknowledged in court filings that Abrego Garcia’s deportation was due to an “administrative error," but White House officials have since insisted the move was not a mistake. The court’s liberal justices said the administration should have hastened to correct “its egregious error” and was “plainly wrong” to suggest it could not bring him home.
The 29-year-old was detained by immigration agents and deported last month. He had a permit from the Homeland Security Department to legally work in the U.S. and was a sheet metal apprentice pursuing a journeyman license, his attorney said. His wife is a U.S. citizen.
