Federal Judge Orders Return of Man Mistakenly Deported to El Salvador

Washington, D.C. – April 5, 2025 — In a significant legal rebuke, U.S. District Judge Paula Xinis has ordered the federal government to return Kilmar Abrego Garcia to the United States after he was wrongfully deported to a maximum-security prison in El Salvador. The deportation, which took place in mid-March, was labeled an “administrative error” by U.S. Immigration and Customs Enforcement (ICE), but the judge referred to it as “an illegal act.”

Kilmar Abrego Garcia deportation

Deportation Error Sparks Legal Showdown

Garcia, a Maryland resident, had received legal protection from deportation in 2019. Despite this, he was forcibly removed from the U.S. last month and placed in El Salvador’s Center for the Confinement of Terrorism (Cecot), a notorious prison holding alleged gang members. His lawyers argue there is no criminal record or gang affiliation linked to him.

“This was the equivalent of a forcible expulsion,” said Garcia’s attorney, Simon Sandoval-Moshenberg, who condemned the deportation as unlawful and in direct violation of judicial protections.

Trump Administration Defends Actions Amid Criticism

While ICE admitted to the deportation mistake, officials have yet to attempt a resolution. Judge Xinis’s scathing remarks targeted the government’s failure to follow legal protocols. “Congress said you can’t do it, and you did it anyway,” she said in court.

The Trump administration, however, defended its broader deportation policy. White House Deputy Chief of Staff Stephen Miller criticized Judge Xinis, calling her a “Marxist” on social media. Press Secretary Karoline Leavitt questioned the court’s jurisdiction, suggesting, “The judge contact President Bukele.”

Vice President JD Vance doubled down, accusing Democrats of politicizing immigration enforcement and disconnecting from “reality.”

Legal and Political Implications Mount

Justice Department attorney Erez Reuveni acknowledged procedural failures in court, stating, “Mr. Garcia should not have been removed.” He also confirmed that there was no warrant, probable cause, or documentation initiating the deportation process.

Garcia’s wife, U.S. citizen Jennifer Vasquez Sura, has led calls for his release, saying she hasn’t spoken to her husband since his detention. Governor Wes Moore of Maryland urged federal authorities to correct the acknowledged mistake, calling the situation “unacceptable.”

The court has mandated that Garcia be returned to the U.S. no later than Monday, April 7. The decision sets a powerful precedent for ensuring due process in immigration enforcement.

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