A federal judge has ordered the U.S. government to return Kilmar Armando Abrego Garcia, a Maryland father of three, to the country by April 7th after he was “mistakenly deported” to El Salvador.
Judge Paula Xinis ruled Friday that Abrego Garcia was removed “without justification of legal basis,” despite having been granted withholding of removal due to the risk of persecution in El Salvador.
“This was an illegal act,” Xinis said. “Congress said you can’t do it, and you did it anyway.”
The Trump administration admitted in court that his deportation was due to “an administrative error,” marking the first such concession tied to its recent deportation flights. DOJ attorney Erez Reuveni acknowledged, “he should not have been sent to El Salvador,” but argued the government couldn’t retrieve him, calling the situation “frustrating.” Xinis pushed back, questioning why the U.S., which has a $6 million contract with the Salvadoran prison, couldn’t ensure his return. “All of this points to a functional control,” she said.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, urged the court to “put [the government] on a leash,” warning they weren’t taking the matter seriously. He also challenged the government’s unsubstantiated MS-13 allegations, noting, “The government made a choice here to produce no evidence.”
Outside the courthouse, Abrego Garcia’s wife, Jennifer, vowed to “continue fighting.” Sandoval-Moshenberg added, “An apology would be nice, but I am not expecting that.” Despite the ruling, the Trump administration filed an appeal later Friday.
