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

Ruling Details and Implications

In a significant decision, U.S. District Judge Paula Xinis has mandated that Kilmar Armando Abrego Garcia, a Maryland father, be returned from El Salvador by the deadline of Monday, April 7, at 11:59 p.m. The ruling comes after Abrego Garcia was deported last month due to a “mistaken administrative error” by the federal government, as detailed in court documents obtained by PEOPLE.

## Acknowledgment of Fault by the Administration

The ruling follows the Trump administration’s admission that Abrego Garcia’s deportation was a mistake. According to a court filing from March 31, officials revealed they lacked jurisdiction to retrieve him from Salvadoran custody. Judge Xinis described how the process leading to his deportation was legally unfounded: “This was an illegal act,” she asserted, emphasizing that the actions taken were counter to congressional directives.

### Background of Kilmar Armando Abrego Garcia

At just 29 years old, Abrego Garcia has a tumultuous story that began when he fled gang violence in El Salvador during his teenage years. He earned legal protected status in the U.S. and had been living as a father to three children in Maryland. However, on March 12, he was detained by Immigration and Customs Enforcement (ICE) in Texas. Following his deportation to El Salvador’s CECOT prison on March 15, he’s cut off from any communication with his family.

Abrego Garcia has had protected status since 2011, primarily due to concerns for his safety if he returned to a country rife with gang threats. Reports indicate that, while he faced some traffic violations, he maintained a clean criminal record in the United States.

## Lack of Evidence for Gang Affiliation

During the hearing on Friday, Judge Xinis expressed skepticism regarding claims of Abrego Garcia’s alleged affiliation with the notorious MS-13 gang. She noted, “When someone is accused of membership in such a violent and predatory organization, it comes in the form of an indictment, a complaint, a criminal proceeding that has robust process so we can assess the facts.” The absence of any evidence substantiating these claims raises serious questions about the basis of his detention and subsequent deportation.

## Context of the Deportation

Complicating matters further, on the day Abrego Garcia was deported, the Trump administration invoked the Alien Enemies Act of 1798—a controversial law historically applied during wartime. This decision underscores the shaky legal ground upon which these deportations have been made.

The implications of Judge Xinis’s ruling are profound, highlighting the need for oversight and accountability in deportation processes. Abrego Garcia’s case serves as a glaring example of how administrative errors can disrupt lives and raises important questions about the treatment of immigrants within the U.S. legal system.

As the deadline for his return approaches, many are watching closely, hoping that this case serves as a turning point in the ongoing debate regarding immigration and deportation practices in the United States.