In a recent discussion on "America's Newsroom," Andy McCarthy, a former federal prosecutor, shed light on the legal avenues available to Attorney General Pam Bondi regarding the deportation of Kilmar Abrego Garca, an alleged MS-13 member.
Despite a 2019 deportation order, a subsequent ruling granted Abrego Garca a withholding of removal, preventing his deportation to El Salvador and allowing him to work in the United States. McCarthy suggested that Bondi could potentially overturn this decision by demonstrating that the circumstances in El Salvador have evolved.
According to the Daily Caller, McCarthy emphasized the possibility of deporting Abrego Garca to a third country, should one be willing to accept him. He expressed confusion over Bondi's current inaction, noting, "theres a procedure in the law that allows the attorney general, even though this is six years ago, to reopen the withholding of removal order." McCarthy argued that Bondi could assert that the conditions underpinning the 2019 order have changed, thus rendering the order obsolete.
The withholding of removal order was initially granted due to fears of persecution by Barrio 18, a rival gang to MS-13. The Trump administration had previously acknowledged an "administrative error" in deporting Abrego Garca to El Salvador. McCarthy pointed out that the gang Abrego Garca feared has been significantly weakened by the Salvadoran government. "I could conceivably see her say, Weve looked at this again. Were going to undo the withholding of removal order because the conditions have changed,'" McCarthy stated.
Under the leadership of President Nayib Bukele, El Salvador has aggressively targeted Barrio 18, imprisoning over 10,000 alleged members and forcing others to flee. This crackdown, as reported by think tank InSight Crime, has drastically reduced the gang's influence. McCarthy noted that if Abrego Garca is not in custody and has no convictions, deportation could proceed, provided legal protocols are followed.
The Department of Homeland Security (DHS) confirmed to the Daily Caller that Abrego Garca was apprehended in Tennessee in December 2022 on suspicion of human trafficking. He was found transporting eight passengers without a valid driver's license but was released at the Federal Bureau of Investigation's request. This incident, initially reported by the Tennessee Star, adds another layer of complexity to his case.
Meanwhile, four Democratic lawmakers have traveled to El Salvador, advocating for Abrego Garca's return, amid allegations of domestic abuse. This development underscores the contentious nature of his case and the broader debate surrounding immigration enforcement and public safety. As the situation unfolds, the legal and political implications of Abrego Garca's status continue to spark significant discussion.
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