On July 1, 2024, the Supreme Court ruled in a 6–3 decision that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts.
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Less than a year ago, The United States Supreme Court in a 6 to 3 ruling determined the above statement.
They did not, however, rule or decide what constitutes an “official act.” Now, in May 2025, Trump faces a multitude of legal challenges in court, some of which fall under “official acts”, specifically the wrongful detainment and subsequent deportation of not only suspected El Salvadoran gang members, but also one particular immigrant, Kilmar Abrego Garcia.
The biggest mistake Donny made was telling his D.O.J. to remove “illegal aliens”, by proclamation of the “Alien Enemies Act” of 1798. That particular “act” is specifically written and designed to be implemented only in time of war with a specific nation(s).
None of that has happened, although SCOTUS, has allowed it to be used sparingly for the time being.
On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Government to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.”
To be clear, NO, Donny was not on pins and needles or even the least bit worried about this since, hey it was the DOJ who did that, and well, he simply doesn’t care because in his pea-brain, Garcia was a gang member… with no evidence.
Given all of that, now SCOTUS is going to have to back-track and start defining “official acts” because removing ANYONE/ANYBODY without due process is illegal. Again, Donny don’t care. He’d better hope that Mr. Garcia 1) is NOT harmed in that El Salvador prison and 2) doesn’t get returned in a pine box.
Although Trump cannot be prosecuted while in office, he absolutely can in 2028 after his second and final term has run its course. My guess would be a civil trial, but not necessarily.
This is a PDF of the Supreme Court ruling against the Trump Administration for wrongful deportation of an El Salvadoran immigrant, Kilmar Abrego Garcia, who the administration acknowledges was wrongfully deported as the result of an "administrative error."
https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
(Click top link on new page to download PDF ruling)
Bullshit. Nothing "wrongful" going on here. It was willful, it was impulsive and Trump just wanted him out because he a filthy, disgusting racist who hate ANY and ALL brown and Black people.
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| Jennifer Vasquez Sura, the wife of Mr Abrego Garcia, Kilmar and their infant child. |
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| Jennifer Vasquez Sura, the wife of Mr Abrego Garcia speaking to the crowd about Mr. Garcia unlawful, illegal removal from the United States for "alleged gang activity." |
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| El Savadoran prison where alleged M-13 gang members are currently held as well as Mr. Garcia |
The case of Kilmar Abrego Garcia - a 29-year-old from El Salvador who was deported from the US in March - has prompted a legal showdown over the administration's immigration policy.
Judges all the way up to the US Supreme Court have ruled that Mr Abrego Garcia was deported in error and that the US government should help "facilitate" his return to his home in Maryland.
But the White House has accused Mr Abrego Garcia of being a member of the transnational Salvadorian gang MS-13, a designated foreign terrorist organisation, saying that he "will never live" in the US again.
Mr Abrego Garcia denies he is a member of the gang and he has not been convicted of any crime.
BBC Verify has examined court documents and public records to determine what's known – and what is still unknown – about Mr Abrego Garcia and his alleged ties to MS-13.
What is the evidence for alleged MS-13 links?
Mr Abrego Garcia has acknowledged entering the US illegally in 2012, according to court documents.
In March 2019 he was detained along with three other people in Hyattsville, Maryland, in the parking lot of a Home Depot.
Officers at the Prince George's County Police Department said the men were "loitering" and subsequently identified Mr Abrego Garcia and two of the others as members of MS-13.
In a document titled the "Gang Field Interview Sheet", the local police detailed their observations.
They said Mr Abrego Garcia was wearing a "Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations".
Officers claimed the clothing was "indicative of the Hispanic gang culture" and that "wearing the Chicago Bulls hat represents they are a member in good standing with the MS-13".
Steven Dudley, a journalist and author who has spent years studying the MS-13 gang, said that it is true that "at some point, the Chicago Bulls logo with the horns became a stand-in of sorts for the MS-13's devil horns symbol".
But wearing the logo of the hugely popular basketball team, he added, is of course not exclusive to the gang.
"Any assertions about gang affiliation would need to be corroborated with testimony, criminal history, and other corroborating evidence," Mr Dudley said.
According to the field interview sheet and other court documents, officers said they were also advised by a "proven and reliable source" that Mr Abrego Garcia was an active member of MS-13's "westerns clique", with the rank of "chequeo".
However, Mr Dudley says that a "chequeo" is not a rank but is instead used to refer to recruits who are yet to be initiated.
Lawyers for Mr Abrego Garcia's argued in court filings that the "westerns clique" is based in New York, where they say their client has never lived. And according to government documents, he has dismissed the information given to police against him as "hearsay".
According to his lawyers, Mr Abrego Garcia has never been convicted of any criminal offence, including gang membership, in the US or in El Salvador. He lived in the US for 14 years, had three children and worked in construction, according to court records.
But the judge who presided over his 2019 case said that based on the confidential information, there was sufficient evidence to support Mr Abrego Garcia's gang membership. That finding was later upheld by another judge.
As a result Mr Abrego Garcia was refused bail and remained in custody. During this time he applied for asylum to prevent his deportation to El Salvador.
In October 2019 he was granted a "withholding of removal" order, court documents show - a status different from asylum, but one which prevented the US government from sending him back to El Salvador because he could face harm.
Mr Abrego Garcia's lawyers say that he was granted the status based on his "well-founded" fear of persecution by Barrio-18, the main rival gang of MS-13.
He said that prior to him entering the US, his family and their business had been threatened and extorted by Barrio-18.
Since 2019, when he was released with the protective order, Mr Abrego Garcia's lawyers say he has had yearly check-ins with immigration officials, which he has attended "without fail and without incident".
These are the "hand tattoos" on which Trump and his "justice" department based their decision to snatch & grab Mr. Garcia and send him on his way to that El Salvador prison:
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This is a much better, more complete picture of Mr. Garcia's left hand showing NO "gang affiliation" tattoos.
Marijuana leaf = Smoke pot
Smily face = Get high
Cross = Love God
Skull = Until I die
Doesn't exactly sound like a gang affiliation as much as a spiritual young man just trying to live his life in peace with his family.
Go figure.
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