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Deportation of Kilmar Ábrego García

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Aerial view of a prison near a volcano in an isolated area
CECOT, the maximum security prison in El Salvador where Abrego Garcia is being held by the U.S. government

Kilmar Armando Ábrego García[a] is a Salvadoran asylum seeker, who resided in Maryland, United States, and was deported to the maximum security prison Terrorism Confinement Center (CECOT) in El lo Salvador in March 2025. Despite having both a U.S. immigration judge's order protecting him from removal to El Salvador since 2019 and a wife and five-year-old child who are both American citizens, he was deported due to what the Trump administration called "an administrative error".[3] The Trump administration has since argued that this error cannot be rectified by American courts since they have no jurisdiction over Ábrego García in El Salvador.

On April 4, Judge Paula Xinis ordered that Ábrego García be returned to the U.S. no later than April 7, 2025.[4] On April 7, after the Trump administration lost their appeal at the appellate level, the Supreme Court temporarily allowed them to continue keeping Ábrego García in the foreign prison after the Trump administration requested they do so.[5] His deportation has garnered significant attention, highlighting issues within the U.S. immigration system and the immigration policy of the second Donald Trump administration. He has never been charged with a crime.[6][7]

Background

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Ábrego García was born in San Salvador, El Salvador, in 1995.[8] Ábrego García's mother ran a food business.[8] Ábrego García states that the Barrio 18 gang tried to extort his mother's business for money and threatened that if she didn't pay the money they would make her sons join their gang instead.[8] As a result, in 2011, Ábrego García, at the age of 16, fled El Salvador and then illegally entered the United States[9][10] According to his lawyers, Ábrego García has previously testified about the Barrio 18 gang's attempts to recruit him in El Salvador.[8]

In 2016 Ábrego García met Jennifer Stefania Vasquez Sura, who would later become his wife.[8]

In March 2019, police with Prince George's County, Maryland arrested Ábrego García with three other men in a Home Depot parking lot where they were seeking work as day laborers.[8][10] One of the men claimed Ábrego García was a "gang member," but The Atlantic reports that according to court filings, he offered no proof and police said they didn’t believe him.[10] He was never charged with a crime in connection to his arrest.[11]

Police handed custody of Ábrego García over to U.S. Immigration and Customs Enforcement (ICE) for deportation proceedings.[8] In those proceedings, the government claimed that he was a member of the MS-13 criminal gang because "he was wearing a Chicago Bulls hat and a hoodie" and a confidential informant claimed that he was active with an MS-13 group based in New York.[8] An immigration judge determined that the informant's claim[12] was sufficient evidence for denying Ábrego García’s bond request,[9] and another judge upheld that ruling, saying the claim that Ábrego García in MS-13 wasn't clearly wrong.[9] He has consistently denied any connection to MS-13.[13]

While awaiting resolution to his deportation proceedings, Ábrego García married his girlfriend in June 2019, and they had a child together later that year.[8] His wife also had two children from an earlier relationship, and all three children have special needs.[8] Ábrego García and his family live in Maryland.[10][2]

Through his lawyer, Ábrego García fought the allegations against him in the deportation proceedings in court and applied for asylum in 2019.[14] His request for asylum was denied, as one must submit an asylum application within a year of arriving in the U.S.[8] However, the judge granted him "withholding of removal" status that would block his deportation to El Salvador due to the threat that gangs would pose to him, finding that "he was more likely than not to be harmed if he was returned to El Salvador."[4][10]

According to his attorney, after Ábrego García's release from detention in 2019 until he was taken into custody in March 2025, his only encounters with law enforcement were his annual required check-ins with ICE.[10]

Deportation

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See also: March 2025 American deportations of Venezuelans

On March 12, 2025, after working at his job as a union sheet-metal apprentice, Ábrego García picked up his son up from his grandmother's house.[10] His son, who was five years old at the time, has "autism and a hearing defect, and is unable to communicate verbally."[10] After leaving the house, ICE officials stopped his car, told him that his immigration "status had changed", waited until his wife arrived to take custody of their son, and then took Ábrego García into custody.[10] In the following days, ICE transferred Ábrego García to a detention facility in Texas.[10]

On March 15, the Trump administration sent "three planeloads" of Salvadoran and Venezuelan deportees, including Ábrego García, to the Terrorism Confinement Center in El Salvador, alleging that they were members of criminal organizations.[10] Since being transported to the Terrorism Confinement Center, Ábrego García's family has had no contact with him.[10]

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Abrego Garcia v. Noem
CourtUnited States District Court for the District of Maryland
StartedMarch 24, 2025
Docket nos.8:25-cv-00951
Court membership
Judge sittingPaula Xinis

2019 Immigration Hearing

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After his arrest, and while detained by U.S. Immigration and Customs Enforcement in 2019, Ábrego García applied for asylum.[14] His claim was denied as it was not filed within one year of arriving in the US, however an immigration judge granted him "withholding of removal" status due to the danger he would face if he returned to El Salvador.[8] He was granted a work permit upon his release.[14]

United States District Court

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In response to his deportation, on March 24, 2025, Ábrego García's wife filed suit against the United States[15] with Ábrego García as a plaintiff, and his attorneys are seeking court intervention to compel the administration to facilitate his return.[10] The U.S. government later acknowledged to the court that the government had been aware of the immigration judge's order preventing his removal to El Salvador, stating in a court filing that "[a]lthough ICE was aware of his protection from removal to El Salvador, Ábrego García was removed to El Salvador because of an administrative error."[10] This admission marked the first acknowledgment of a mistake related to the deportation of hundreds of people on March 15.[10] The attorney for the government could not explain why Ábrego García was taken into custody.

Despite acknowledging the error, the Trump administration has argued in court that the court lacks personal jurisdiction to order the return of Ábrego García, as he is no longer in U.S. custody.[10]

Ábrego García's lawyer, Simon Sandoval-Moshenberg, stated that the U.S. government was claiming "that the court is powerless to order any relief...If that's true, the immigration laws are meaningless—all of them—because the government can deport whoever they want, wherever they want, whenever they want, and no court can do anything about it once it’s done."[10]

On April 4, 2025, Judge Paula Xinis ruled that his detention without any kind of judicial documentation warranting it was illegal and that he would be irreparably harmed if he remained in El Salvador, and she ordered the government to ensure his return to the U.S. no later than April 7.[4] In a hearing before Judge Xinis, Justice Department lawyer Erez Reuveni frequently failed to answer the judge's questions, and stated that the justice department had failed to give him the information he needed to respond to the Judge's inquiries. Reuveni admitted the deportation was a mistake, saying "the facts are conceded, plaintiff Ábrego García should not have been removed," and when questioned on why the government was not able to return Ábrego García to the United States, Reuveni stated that he'd asked the same question to government officials and had not received an answer.[16]

Fourth Circuit Court of Appeals

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The following day, the Department of Justice appealed the ruling to the United States Court of Appeals for the Fourth Circuit[16] and placed Reuveni, who had been promoted to acting deputy director of the Justice Department Office of Immigration Litigation on March 21, on administrative leave. Attorney General Pam Bondi commented in a statement: "At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences."[17] Bondi further clarified later stating: "He did not argue...He shouldn’t have taken the case. He shouldn’t have argued it, if that’s what he was going to do...You have to vigorously argue on behalf of your client."[18] Politico noted that despite Bondi's assertions, Reuveni "did argue that Xinis had no jurisdiction to consider the case."[18]

On Sunday, April 6, Judge Xinis issued a 22-page opinion reaffirming her previous ruling. The opinion stated the deportation "shocks the conscience" and was "wholly lawless."[18] She also said that while there were previous assertions that Ábrego García was a member of MS-13, the government has presented "no evidence" Ábrego García was a member of a MS-13 and had essentially abandoned that argument in her court.[18] The judge noted that while the government had presented no evidence that Ábrego García was a member of a gang, by publicly labeling him a member of MS-13, the government had placed Ábrego García at risk in the detention facility because El Salvador "intentionally mixes rival gang members" in the facility.[18] Xinis stated in her opinion: "Defendants seized Ábrego García without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of [immigration law]."[18] The opinion also discussed Secretary of Homeland Security Kristi Noem's visit to CECOT where she described the prison as “one of the tools in our toolkit that we will use." In response to the government's argument that the court did not have jurisdiction over the matter since Ábrego García was no longer in the United States, the judge stated: "Surely, Defendants do not mean to suggest that they have wholesale erased the substantive and procedural protections of [federal immigration law] in one fell swoop by dropping those individuals in CECOT without recourse."[18] The judge argued that, like any other "contract facility" that the government pays for detention, the government had the power to secure and transport detainees, including Ábrego García back from El Salvador.[18][19][20][21]

On April 7, an appeals court panel of the Fourth Circuit consisting of judges Stephanie Thacker, Harvie Wilkinson III, and Robert King unanimously denied the Trump administration's appeal of Xinis's order.[22] The appellate court stated that: "[The Government] has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process ... The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable."

United States Supreme Court

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On April 7, Supreme Court Chief Justice John Roberts issued a short order temporarily allowing the Trump administration to continue keeping Ábrego García in the foreign prison pending immediate further review from the entire Supreme Court. [5][1]

Terrorism Confinement Center

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Xinis described the Terrorism Confinement Center as "one of the most notoriously inhumane and dangerous prisons in the world" that "by design, deprives its detainees of adequate food, water, and shelter, fosters routine violence" and places Ábrego García with his persecutors.[18] She cited conditions there in her opinion as a reason why leaving Ábrego García in prison while the lawsuit proceeded would constitute irreparable harm.

Reactions

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The U.S. government's acknowledgment of the deportation error has sparked significant legal and political debate, raising concerns about the efficacy and fairness of U.S. immigration laws and procedures. Democratic Governor of Maryland Wes Moore strongly condemned the deportation on the grounds of inadequate due process.[14] Journalist Mark Joseph Stern opined similarly.[23]

Additionally, this issue has garnered extensive political coverage and responses from the Trump Administration. White House Press Secretary Karoline Leavitt alleged that he was a leader within MS-13 and had been involved in human trafficking. She stated that she had proof from the Department of Homeland Security.[24][25] Vice President JD Vance publicly backed the deportation, falsely stating that Ábrego García was "convicted" of being a member of MS-13.[9] Attorney General Bondi said in an interview on Fox News Sunday regarding the claim that Ábrego García was not a gang member: "We have to rely on what ICE says. We have to rely on what Homeland Security says."[18]

This and related events has garnered international reactions as well. In response to headlines stating "Fed judge orders deportation flights carrying alleged Venezuelan gangbangers to return to the US, blocks Trump from invoking Alien Enemies Act", which included the flight carrying Ábrego García, the president of El Salvador Nayib Bukele tweeted "Oopsie…Too late 😂."[26]

See also

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Notes

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  1. ^ His name is variously reported by reliable sources as Kilmar Armando Abrego Garcia,[1] Kilmar Armado Ábrego García,[2] and Kilmar Armado Abrego Garcia.[3] Court documents and his attorneys use the name Kilmar Armando Abrego Garcia.

References

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  1. ^ a b Liptak, Adam (April 7, 2025). "Supreme Court Temporarily Blocks Order to Return Man Wrongly Deported to El Salvador". The New York Times. ISSN 0362-4331. Retrieved April 8, 2025.
  2. ^ a b EFE (April 7, 2025). "Corte Suprema de EEUU frena repatriación de salvadoreño enviado por error al CECOT". El Mundo (in Spanish). Retrieved April 8, 2025.
  3. ^ a b Romero, Laura (April 1, 2025). "ICE admits to an 'administrative error' after Maryland man sent to El Salvador prison". ABC News. Retrieved April 1, 2025.
  4. ^ a b c Rose, Joel (April 4, 2025). "Judge orders the Trump administration to return man who was mistakenly deported". NPR. Retrieved April 4, 2025.
  5. ^ a b Woodward, Alex (April 7, 2025). "Supreme Court lets Trump keep wrongfully deported Maryland father in El Salvador prison, for now". Independent. Retrieved April 7, 2025.
  6. ^ Wagner, Paul; Swalec, Andrea; Andrea (April 7, 2025). "Supreme Court says US doesn't need to return mistakenly deported Maryland man by Monday". NBC4 Washington. Retrieved April 7, 2025.
  7. ^ "US Supreme Court temporarily blocks order to return migrant deported to El Salvador in error". Reuters. April 7, 2025.
  8. ^ a b c d e f g h i j k l Gooding, Dan (April 3, 2025). "The real story of the Maryland father deported to El Salvador by mistake". Newsweek. Retrieved April 4, 2025.
  9. ^ a b c d Blake, Aaron (April 1, 2025). "JD Vance's strained claims about a wrongly deported man". The Washington Post. ISSN 0190-8286. Archived from the original on April 1, 2025. Retrieved April 2, 2025. Vance on X called Abrego 'a convicted MS-13 gang member with no legal right to be here.' He added in a later post that a judge had 'determined that the deported man was, in fact, a member of the MS-13 gang.' [...] It's true that Abrego immigrated illegally, but it's not true that he has been convicted of being a gang member or proved to be one. [...] An immigration judge in 2019 found that evidence Abrego was in MS-13 was sufficient enough to detain him, and another judge later upheld that ruling, saying the claim that Abrego was in MS-13 wasn't clearly wrong, according to court documents. [...] the claim that Abrego was in MS-13 rested largely on someone the immigration judge deemed to be a credible informant and the fact that Abrego was wearing Chicago Bulls attire.
  10. ^ a b c d e f g h i j k l m n o p q Miroff, Nick (March 30, 2025). "An 'Administrative Error' Sends a Maryland Father to a Salvadoran Prison". The Atlantic. Archived from the original on April 2, 2025.
  11. ^ "DoJ lawyer put on leave after not backing erroneous deportation of US man". The Guardian. April 6, 2025. ISSN 0261-3077. Retrieved April 7, 2025.
  12. ^ Jacobson, Louis (April 2, 2025). "JD Vance falsely said deported man was convicted gang member". PolitiFact. Retrieved April 7, 2025.
  13. ^ "Trump administration admits 'error' in deporting Maryland resident to El Salvador". Politico. April 1, 2025.
  14. ^ a b c d Finley, Ben (April 2, 2025). "Outrage grows over Maryland man's mistaken deportation to El Salvador prison". AP News. Retrieved April 2, 2025.
  15. ^ Jansen, Bart (April 1, 2025). "Trump's team acknowledges 'administrative error' led to deportation to El Salvador". USA Today. Retrieved April 7, 2025.
  16. ^ a b Kunzelman, Michael (April 5, 2025). "Trump administration argues judge cannot order return of man mistakenly deported to El Salvador". AP News. Retrieved April 6, 2025.
  17. ^ MacFarlane, Scott; Rosen, Jacob (April 5, 2025). "Justice Department prosecutor who admitted in court Maryland man's deportation to El Salvador was a mistake put on leave". CBS News. Retrieved April 6, 2025.
  18. ^ a b c d e f g h i j "Judge reaffirms order to return Maryland man erroneously deported to El Salvador". Politico. Retrieved April 6, 2025.
  19. ^ "Judge again orders Trump administration to return man mistakenly deported to El Salvador prison". LA Times. Retrieved April 6, 2025.
  20. ^ "Judge says Maryland man's erroneous deportation to El Salvador prison 'shocks the conscience'". ABC News. Retrieved April 6, 2025.
  21. ^ "Judge says deportation of Maryland man to an El Salvador prison was 'wholly lawless'". WHEC-TV. AP News. Retrieved April 6, 2025.
  22. ^ Fritze, John; Cole, Devan (April 7, 2025). "Trump asks Supreme Court to block order requiring US to bring back man mistakenly deported to El Salvador | CNN Politics". CNN. Retrieved April 7, 2025.
  23. ^ Stern, Mark Joseph (April 1, 2025). "Trump Is Asking the Supreme Court To Let Him Have Black Sites". Slate. ISSN 1091-2339. Retrieved April 2, 2025.
  24. ^ Malcolm Ferguson, Karoline Leavitt Pulls a 180 After ICE Admits It Deported Wrong Guy, The New Republic, 1 April 2025.
  25. ^ "Watch Leavitt Squirm at Questions on Wrongly Deported Dad". The Daily Beast. April 1, 2025. Retrieved April 2, 2025.
  26. ^ Correal, Annie (March 17, 2025). "El Salvador's President Sees Opportunity in Trump's Deportations". The New York Times. ISSN 0362-4331. Retrieved April 4, 2025.
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