If it turns out the government is paying El Salvador to hold Kilmar, then that directly violates the court order that the US must “facilitate” his return. It is obviously illegal.
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That is true whether the US is paying them to hold Kilmar by a general contract (i.e. to hold an unspecified number of prisoners) or paying to hold him specifically. Because in either case the US grants the contract that can be revoked if he is not returned.
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