A federal judge issued a ruling on Friday stating that a Maryland father who was wrongfully deported to a prison in El Salvador must be returned to the United States by Monday, April 7.
Kilmar Abrego Garcia was removed to a supermax prison on March 15, despite having a protection order from 2019 that should have prevented his deportation to El Salvador. He subsequently filed a lawsuit against various federal officials demanding his return to the U.S.
ICE officials attributed Abrego Garcia’s deportation to an “administrative error” and an “oversight,” yet failed to take corrective measures.
They argued that the federal government lacks jurisdiction since Abrego Garcia is in the custody of the Salvadoran government and claimed he poses a danger to the community due to supposed gang affiliations. However, Abrego Garcia’s attorneys maintain in court documents that he has no criminal history, which the government has not disputed.
Advocating for Abrego Garcia’s return
During the Friday hearing, Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, contended that his client’s deportation breached the “withholding of removal” order previously granted by an immigration judge.
“This amounts to a forcible expulsion,” he asserted.
Sandoval-Moshenberg also argued that the government is empowered to facilitate Abrego Garcia’s return, citing “significant coordination” between the Trump administration and El Salvador’s government.
“This is within the government’s capabilities,” he said. “The evidence suggests … that he is being held at the CECOT prison at the discretion of the United States.”
DOJ attorney critiques Abrego Garcia’s deportation
Department of Justice attorney Erez Reuveni criticized the federal government for its lack of collaboration and the absence of evidence provided.
“The facts are clear; Plaintiff Abrego Garcia should not have been removed,” Reuveni stated during the hearing.
When the judge inquired about the rationale behind Abrego Garcia’s custody, Reuveni expressed his frustration over the lack of clarity.
“There is no warrant for his arrest. There is no statement of probable cause,” Judge Paula Xinis remarked. “What initiated this process?”
Reuveni replied, “I do not possess that order. It is not documented.”
When pressed further on why the government cannot return Abrego Garcia, Reuveni confessed he had “raised the same question with the government,” but received no response.
Judge Xinis noted that the terms of the U.S.-El Salvador agreement indicated that Abrego Garcia can be returned.
Alleged MS-13 connections
Before receiving a “withholding of removal” protection order in 2019, Abrego Garcia was detained and questioned about suspected connections to an MS-13 group operating in New York.
During a subsequent court appearance, his attorneys claimed that the only evidence presented consisted of allegations from a confidential informant.
Abrego Garcia was ultimately released with the protection order and returned to his residence in Prince George’s County, Maryland.
He continued to comply with mandatory yearly check-ins with ICE, with his most recent check-in occurring in January 2025.
During Friday’s court session, Judge Xinis highlighted that the immigration judge in 2019 did not conclude that Abrego Garcia was affiliated with MS-13 due to a lack of indictments or other corroborating evidence.
Mistaken deportation ignites backlash
Numerous Maryland officials have voiced concerns regarding the management of immigration enforcement within the U.S.
“Everyone, regardless of political affiliation, should be alarmed that individuals who were incorrectly placed on flights and expelled from the country experienced this,” stated Baltimore Mayor Brandon Scott.
Maryland Governor Wes Moore also commented on Abrego Garcia’s deportation, calling on federal authorities to rectify the error.
“No one should be deported to the very country where a judge determined they would face persecution,” Governor Moore expressed on social media. “It’s outrageous that due process appears meaningless to the federal administration.”
Abrego Garcia’s wife, Jennifer, expressed her fears to CBS News, saying she is “terrified for his life.”
“He’s not a criminal,” she said. “My husband is a wonderful person. An incredible father.”
