We’ve posted my column, arguing that the Abrego Garcia controversy is not, as the Trump administration would have us believe, a profound constitutional dispute over separation of powers and judicial interference in the executive’s nigh plenary authority over the conduct of foreign relations.
To the contrary, it’s about the terms of the agreement regarding cooperation in detaining federal prisoners that has been struck between two sovereign nations — the United States, represented by the Trump administration, and El Salvador represented by the administration of President Nayib Bukele. The agreement’s terms are relevant because they affect Kilmar Armando Abrego Garcia, a Salvadoran national who lived illegally in the United States and who has a legitimate claim before a federal court that the Trump administration (a) illegally deported him to El Salvador and (b) is responsible for his being illegally held, pursuant to the agreement, in a notorious Salvadoran prison.
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