A federal judge has ruled that the U.S. government must bring back a man who was wrongfully deported to El Salvador last month. Kilmar Armando Abrego Garcia, a father of three from Maryland, was removed from the U.S. due to what officials called an “administrative error.”
Judge Paula Xinis of the U.S. District Court in Maryland ordered federal authorities to return Abrego Garcia by no later than 11:59 p.m. on April 7. The judge stated that he was deported “without legal basis” despite previously being granted protection from removal to El Salvador.
Government lawyers admitted that deporting Abrego Garcia was a mistake. They explained that while he was removable, U.S. immigration law barred his return to El Salvador due to fears he could face persecution. Despite this protection, he was detained and placed on a deportation flight.
“This was an illegal act,” Judge Xinis said during Friday’s hearing. “Congress said you can’t do it, and you did it anyway.”
The Justice Department acknowledged that Abrego Garcia’s removal was unjustified. DOJ attorney Erez Reuveni told the court the only argument left for the government was jurisdictional. He added, “He should not have been sent to El Salvador.”
Judge Xinis pressed the government on why Abrego Garcia could not be returned. She pointed to the U.S. having a $6 million contract with the Salvadoran prison, suggesting the U.S. had “functional control” over the facility and should be able to retrieve someone wrongfully sent there.
Reuveni said he asked his clients in the government the same question, but did not receive a direct answer. He admitted his frustration, saying, “The United States can’t just call someone in El Salvador and say, ‘Give us our guy back.'”
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, urged the judge to enforce a court order. He said the government was not taking the matter seriously. “We’re not asking the court to micro-manage,” he said. “But we do ask that the government be put on a leash to make sure this is done.”
Judge Xinis also dismissed claims that Abrego Garcia had ties to the violent MS-13 gang, saying there was no real evidence to support that accusation. “Serious charges like that come through indictments or proper legal process,” she said. DOJ attorneys provided no new proof during the hearing.
The Trump administration has since appealed the decision. The case now heads to the U.S. Court of Appeals for the Fourth Circuit.
Since taking office, the Trump administration has taken an aggressive approach to immigration enforcement. Officials have used rarely-invoked laws and expedited deportation processes. Critics argue that such policies have led to more wrongful deportations like this one.
Stephen Miller, Trump’s deputy chief of staff, reacted to the ruling by calling Xinis a “Marxist judge” on social media. “Marxist judge now thinks she’s president of El Salvador,” Miller wrote in a post.
Outside the courthouse, Abrego Garcia’s wife, Jennifer, vowed to keep fighting. “I will continue fighting for Kilmar,” she said. His lawyer expressed hope that the government would comply with the judge’s decision and bring him home by Monday.
Sandoval-Moshenberg said he was hopeful but prepared to return to court if needed. “If they don’t comply, we’ll be right back here asking the judge to enforce her order,” he said.
He also questioned the government’s claim that it couldn’t retrieve Abrego Garcia. He cited the recent visit of Homeland Security Secretary Kristi Noem to the same prison. “If they could get Kristi Noem in and out of that prison, they can certainly bring one man home,” he said.
