Secretary of State Marco Rubio made clear Wednesday during President Donald Trump’s Cabinet meeting that the administration, working with the government of El Salvador, will determine if or when accused MS-13 gang member Kilmar Abrego Garcia will return to the United States.
ABC News reported earlier in the day, based on multiple unnamed sources, that Rubio has contacted El Salvador President Nayib Bukele regarding the matter.
A reporter asked Rubio during the Cabinet meeting, “Have you been in touch with El Salvador about returning Abrego Garcia as a formal request from this administration?”
“Well, I would never tell you that, and you know who else I would never tell? A judge. Because the conduct of our foreign policy belongs to the president of the United States and the executive branch, not some judge,” the top diplomat responded.
“So we will conduct foreign policy, appropriately, if we need to, but I’ll never discuss it, and no one will ever make us discuss it, because that’s how foreign policy works,” Rubio added.
Reporter: “Have you been in touch with El Salvador about returning Abrego Garcia?”@SecRubio: “Well I would never tell you that and you know who else I would never tell? A judge. Because the conduct of our foreign policy belongs to the President.” 🔥🔥🔥 pic.twitter.com/vMcqJx2Gp9
— Rapid Response 47 (@RapidResponse47) April 30, 2025
When questioned about returning Abrego Garcia earlier this month during an Oval Office meeting with Trump, Bukele said, “I suppose you’re not suggesting that I smuggle a terrorist into the United States. Right? How can I return him to the United States? … I’m not going to do it.”
Rubio also weighed in on the issue at the time, saying, “I don’t understand what the confusion is. This individual is a citizen of El Salvador. He was illegally in the United States, and was returned to his country.”
Should Abrego Garcia remain in El Salvador?
He also stated that it is a foreign policy and not a judicial matter.
.@kaitlancollins: “Do you plan to ask President Bukele to help return the man who…was mistakenly deported to El Salvador?”
President Bukele: “The question is preposterous.”
Responses are given from @AGPamBondi, @StephenM President Bukele, @SecRubio and President Trump. pic.twitter.com/NGXE5I3gd4
— CSPAN (@cspan) April 14, 2025
The New York Post reported, “The Trump administration has contended that it ‘cannot guarantee success in sensitive international negotiations’ over Abrego Garcia’s release from foreign custody.’”
“The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding,” Solicitor General John Sauer wrote in a Supreme Court petition earlier this week, the Post added.
The Trump administration last month deported Abrego Garcia to El Salvador, where he is now being held in a prison.
Earlier this month, the U.S. Supreme Court held that a federal district judge’s order directing the Trump administration to “facilitate and effectuate the return” of Abrego Garcia to the U.S. may exceed the court’s authority.
The justices zeroed in on the term “effectuate,” saying, “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
Maryland-based U.S. District Judge Paula Xinis — a Barack Obama appointee who is presiding over the case — has ordered administration officials to testify under oath regarding further details surrounding Abrego Garcia’s deportation.
ABC News reported, “The depositions of four government witnesses who plaintiffs say have knowledge of the circumstances in the case must be completed by May 9.”
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