Democratic senator heads to El Salvador to try to visit Kilmar Ábrego García

Democratic senator Chris Van Hollen of Maryland will travel to El Salvador on Wednesday and attempt to visit Kilmar Ábrego García, a constituent whose deportation and incarceration in the Central American country, he warns, has tipped the United States into a constitutional crisis.

In an interview with the Guardian on Tuesday, Van Hollen said he hopes to learn of Ábrego García’s condition and convey it to his family, who also live in the state he represents.

The state department has confirmed that Ábrego García is held in El Salvador’s notorious Terrorism Confinement Center (Cecot), and despite the US supreme court last week saying the Trump administration must “facilitate” his return to the United States, the president refuses to do so.

“We were in the gray zone before this. But if the Trump administration continues to thumb its nose at the federal courts in this case we’re in, we’re clearly in constitutional crisis territory,” Van Hollen said.

In a hearing on Tuesday, federal judge Paula Xinis criticzed justice department officials for not complying with the supreme court’s order, saying “to date, nothing has been done”. She gave the government two weeks to produce details of their efforts to return Ábrego García to US soil.

It’s unknown how far Van Hollen, who has represented Maryland since 2017, will get in El Salvador. While its government has welcomed homeland security secretary Kristi Noem to Cecot, Van Hollen said it has not responded to his request to visit the prison, where rights group have warned of abuses and and squalid conditions.

“We’ve made those requests of the government of El Salvador, and I hope they will agree to meet to discuss Mr Ábrego García’s situation, and let me see him so I can report back to his family in Maryland on his wellbeing,” the senator said.

“This is a Maryland man. His family’s in Maryland, and he’s been caught up in this absolutely outrageous situation where the Trump administration admitted in court that he was erroneously abducted from the United States and placed in this notorious prison in El Salvador in violation of all his due process rights.”

Van Hollen this week sent a letter to El Salvador’s ambassador to the United States requesting to meet with Bukele when he was in Washington, but received no response, prompting the senator to plan travel to the country. Last week, Democratic House representative Adriano Espaillat, who chairs the Congressional Hispanic Caucus, also asked Bukele to meet with Ábrego García at Cecot.

During his appearance alongside Trump in the Oval Office, Bukele rejected releasing Ábrego García from custody, saying: “How can I smuggle a terrorist into the United States? I’m not going to do it.”

Immigration and Customs Enforcement (Ice) officers arrested and deported Ábrego García last month, even though an immigration judge had in 2019 granted him “withholding of removal to El Salvador”, a protected status for people who feared for their safety if returned to their home country. The Trump administration has accused him of being a member of the MS-13 gang, which Ábrego García’s attorneys have denied, noting that the allegation is based on a single informant who said he belonged to a chapter in New York, despite him never living there.

The arrest comes as Trump presses on with plans for mass deportations of undocumented immigrants, which have seen him clash with judges nationwide. The supreme court last week upheld his administration’s use of the 18th-century Alien Enemies Act to deport suspected Venezuelan gang members, but ruled they were also entitled to due process to challenge their removals.

Van Hollen said that the case of Ábrego García marks a turning point for the Trump administration because the president is refusing to follow an order from the nation’s highest court – something Democrats have long warned he will do.

“What they have not overtly done previously is outright defy a court order,” Van Hollen said. “They’ve slow-walked court orders, they’ve tried to parse their words based on technicalities, they’ve not outright defied a court order. In my view, this now clearly crosses that line.”