An immigration judge believed Garcia so I'm not sure why others question the judge's understanding, authority, and subsequent order. This is why a judge ruled that Garcia could remain in the US:
from: U.S. senator to travel to El Salvador if Trump won’t return wrongfully deported man - National | Globalnews.ca
Abrego Garcia denies being part of the gang and has never been charged with a crime, according to his lawyers.
In 2019, a U.S. immigration judge shielded Abrego Garcia from deportation to El Salvador as he would likely have faced persecution by local gangs that had extorted his family for rent money in San Salvador, and who had threatened to rape and kill his siblings, according to the Associated Press.
a judge ruled abrego-garcia an ms-13 gang member and be deported. abrego-garcia requested asylum and a judge only granted that he not be deported to el salvador. nevertheless, the judge ruled he was still to be deported. i've provided many acceptable/real links previously in this thread... if you want - i will post them yet again.
in 2025 ms-13 gang members - of which abrego-garcia was judged with his rank and gang name - were designated as global terrorists. so, he's to be deported to his country of origin... el salvador.

Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists
DESIGNATING CARTELS AND OTHER ORGANIZATIONS AS FOREIGN TERRORIST ORGANIZATIONS AND SPECIALLY DESIGNATED GLOBAL TERRORISTS By the authority vested in me as

and, from my understanding .... just my understanding... and you are, as always most very welcome to show me the laws and policies that refute my understanding... a person illegally residing in the usa who is designated a global terrorist no longer has the right/privilege avoiding his being sent to his country of origin - el salvador.
also, simply because a representative flies to el salvador stating that there were no criminal charges against abrego-garcia... doesn't change the illegal status of abrego-garcia judged in 2019, in addition to the global terrorism designation and the alien enemies act of 2025. particularly if you watch the link i previously provided in which the deputy chief of staff tries to explain to reporters.
the executive power of the elected president - elected by the majority of us voters - was set forth in our us constitution long before president trump took office. there is no constitutional dilemma caused by president trump. the only dilemmas appear to me to be those of recent individuals attempting to ignore or failing to understand the separate powers of the us branches government that have existed since the 1700's.
jmo/understanding accompanied by the most official link i can provide atm.
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