Judge Orders Return of Maryland Man Mistakenly Deported to El Salvador

• Apr 04, 2025

A federal judge has ordered that a Maryland man, Kilmar Abrego Garcia, be returned to the U.S. by Monday, April 7, after he was mistakenly deported to El Salvador. Abrego Garcia was sent to a supermax prison in El Salvador on March 15, despite a 2019 protection order that should have prevented his deportation. He filed a lawsuit against federal officials, demanding his return.

The deportation was blamed on an "administrative error" and "oversight" by Immigration and Customs Enforcement (ICE), which admitted to the mistake but took no action to correct it. ICE argued that the U.S. government does not have jurisdiction over Abrego Garcia because he is in the custody of the Salvadoran government. They also claimed that he posed a danger to the community due to alleged gang ties. However, Abrego Garcia's lawyers have pointed out that he has no criminal record, a fact the government has not disputed.

During the court hearing on Friday, Abrego Garcia's attorney, Simon Sandoval-Moshenberg, argued that the deportation violated the "withholding of removal" order granted by an immigration judge in 2019. He described the deportation as a "forcible expulsion" and emphasized that the U.S. government had the authority to arrange for his client's return, citing cooperation between the U.S. and El Salvador under the Trump administration.

Department of Justice attorney Erez Reuveni was critical of the government's handling of the case, expressing frustration over the lack of cooperation and missing evidence. Judge Paula Xinis questioned why there was no warrant for Abrego Garcia's arrest or probable cause for his deportation. Reuveni admitted that the government had no answer to why Abrego Garcia had been removed.

Abrego Garcia had previously been questioned about alleged ties to the MS-13 gang, but no evidence was found to support the claims. The immigration judge in 2019 granted him protection, and he continued to check in with ICE regularly, with his last check-in in January 2025.

The mistaken deportation has sparked outrage from Maryland leaders. Baltimore Mayor Brandon Scott and Governor Wes Moore both condemned the action, stressing that no one should be deported to a country where they face persecution. Abrego Garcia's wife, Jennifer, expressed concern for his safety, describing him as a "good person" and a devoted father.