Crime
Federal Judge Orders Return of Maryland Man Mistakenly Deported to El Salvador
Federal judge orders Trump administration to return Maryland man mistakenly deported to El Salvador. ICE admits error in deporting Kilmar Abrego Garcia, who was granted legal protection from deportation. White House disputes allegations.
4 min read
Originally published by nationnews.com (opens in new tab)
A federal judge has ordered the Trump administration to return a Maryland man who was mistakenly deported to a prison in El Salvador.
Kilmar Abrego Garcia, who was expelled last month along with hundreds of alleged gang members, must be returned to the US by no later than Monday, US District Judge Paula Xinis ordered.
US Immigration and Customs Enforcement (ICE) said in a recent court filing that deporting Mr Garcia was an “administrative error”. An immigration judge granted him legal protection from deportation in 2019.
The White House has alleged Mr Garcia is an MS-13 gang member, but his lawyers argued there is no evidence to prove that he is gang-affiliated.
Mr Garcia is one of the 238 Venezuelans and 23 Salvadorans whom the Trump administration deported to El Salvador’s notorious mega-prison, the Center for the Confinement of Terrorism (Cecot), alleging they were gang members.
But Mr Garcia’s lawyer, Simon Sandoval-Moshenberg, says his client has never been charged with a crime in any country and rejected the gang accusation.
“This was the equivalent of a forcible expulsion,” Mr Sandoval-Moshenberg said.
ICE officials said Mr Garcia’s deportation was an “administrative error” and an “oversight”.
But the Department of Homeland Security has still argued that the court does not have jurisdiction to order Mr Garcia’s return, because he is in El Salvador’s custody.
Judge Xinis called Mr Garcia’s deportation “an illegal act” when issuing her order on Friday. She said he must be returned by Monday.
The Trump administration has stood by its deportations and criticised judges as politically motivated.
In a post on X, White House deputy chief of staff Stephen Miller referred to Judge Xinis as a “Marxist”, who “now thinks she’s president of El Salvador”.
White House Press Secretary Karoline Leavitt said: “We suggest the Judge contact President [Nayib] Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador.”
Mr Garcia’s family, including his wife Jennifer Vasquez Sura, a US citizen, have been calling for his release since his deportation in mid-March.
Ms Sura has told reporters that she has not spoken to her husband since he was taken by US authorities.
Mr Garcia’s lawyer said the claims by the Trump administration that his client could not be returned were “outrageous”.
