A man legally protected from deportation was mistakenly removed from the U.S. by immigration officials under Donald Trump’s administration, and now the government claims it has no legal way to bring him back.
Kilmer Abrego-Garcia, a Salvadoran national living in Maryland with his U.S. citizen wife and young son, was deported on March 15, despite a 2019 court ruling that blocked his removal. Immigration and Customs Enforcement (ICE) acknowledged the mistake in a court filing this week, calling it an “administrative error.”
The error occurred during a series of high-profile deportation flights ordered by the Trump administration targeting alleged gang members. Trump had just invoked the rarely used 1798 Alien Enemies Act to fast-track deportations of alleged Venezuelan gang members. Though Abrego-Garcia wasn’t on one of those specific flights, he was added last-minute to a separate flight also carrying deportees.
ICE admitted Abrego-Garcia wasn’t on the original manifest but was added as an “alternate” after other passengers were removed. The agency said it was aware of the court’s order but believed his removal was allowed due to an old deportation order and alleged gang affiliations.
However, Abrego-Garcia’s lawyers say he has no gang ties and was never charged or tried for any crimes in the U.S. They argue the government has violated his rights and have asked a federal judge in Maryland to order his return from a prison in El Salvador and halt any U.S. funding for his detention there.
His deportation followed a traffic stop on March 12, when ICE officers pulled him over and handcuffed him in front of his 5-year-old son.
The Department of Homeland Security insists it has intelligence suggesting Abrego-Garcia is connected to the MS-13 gang, but no details or evidence have been shared publicly. His legal team denies the allegations, saying the government is using gang claims to justify wrongful deportations.
Now, the Trump administration says because Abrego-Garcia is no longer in U.S. custody, they can’t legally bring him back, even though a judge had ruled he should never have been deported in the first place.
As the legal fight continues, Abrego-Garcia remains imprisoned in El Salvador, separated from his wife and son, and the government has made no move to bring him home.
