Judge Orders U.S. Government to Return Maryland Father Mistakenly Deported to El Salvador

Judge Orders US Government to Return Father Mistakenly Deported to El Salvador

A federal judge has made a ruling that the U.S. government must bring back Kilmar Armando Abrego Garcia to the United States after he was mistakenly deported to El Salvador recently. The court documents obtained by PEOPLE confirm the decision of Judge Paula Xinis of the U.S. District Court in Maryland, directing the federal government to return Abrego Garcia to the U.S. by Monday, April 7th, at 11:59 p.m. This ruling came after the Trump administration acknowledged an administrative error led to the deportation of Abrego Garcia, a father of three from Maryland.

The Trump administration admitted to the mistake which resulted in Abrego Garcia, a native of El Salvador, being sent back to his home country. Despite this, the administration claimed it lacked the authority to bring him back as he was in Salvadoran custody. Judge Xinis, in her ruling, stated that Abrego Garcia, age 29, was taken into custody and deported unlawfully without any legal justification. She condemned the action as illegal, highlighting that Congress prohibits such deportations without proper legal grounds.

Abrego Garcia, an immigrant who sought refuge in the U.S. to escape gang violence in El Salvador during his teenage years, had obtained legal protected status. His detention in Texas by ICE on March 12 led to his subsequent deportation to El Salvador’s CECOT prison on March 15, where he remains separated from his family without any means of communication. Despite his previous protected status due to the threat of gang persecution in El Salvador, Abrego Garcia was informed falsely that his immigration status had changed before the deportation.

During the court proceedings, Judge Xinis noted the lack of evidence supporting the allegation of Abrego Garcia’s involvement with the MS-13 gang, refuting the basis for his deportation. The use of the Alien Enemies Act of 1798, rarely invoked except in times of war, was cited as a questionable legal basis by the Trump administration for the deportation of non-citizens like Abrego Garcia. This move sparked controversy and legal challenges, leading to the recent court ruling for his return to the U.S.

Following the judge’s decision, Abrego Garcia’s wife and legal counsel expressed their determination to continue advocating for his return to the U.S. Jennifer, his wife, pledged to fight for her husband, emphasizing his innocence. Attorney Simon Sandoval-Moshenberg voiced concerns regarding potential delays or resistance in executing the judge’s order, urging the government to comply promptly without seeking appeals or stays. Despite the Justice Department’s indication of appealing the ruling, the legal team remains focused on securing Abrego Garcia’s return as instructed.

As the case unfolds, the spotlight remains on the procedural errors and human impact of immigration policies, underscoring the importance of due process and justice in such sensitive matters. The legal battle for Abrego Garcia’s repatriation underscores the complexities of immigration enforcement and the need for accountability in safeguarding individuals’ rights. Stay tuned for further updates on this case as efforts continue to reunite Abrego Garcia with his family in the United States.