A federal judge ruled Friday that a Maryland father who was mistakenly deported to a prison in El Salvador must be returned to the U.S. by Monday, April 7.
Kilmar Abrego Garcia was deported to a supermax prison on March 15, despite a protection order granted in 2019 that should have kept him from being sent to El Salvador. He filed a lawsuit against several federal officials demanding to be returned to the U.S.
ICE officials blamed an “administrative error” and an “oversight” for Abrego Garcia’s deportation, but did not take action to rectify the mistake.
They argued that the federal government does not have jurisdiction since Abrego Garcia is in the custody of the El Salvador government and maintained that Abrego Garcia is a danger to the community due to alleged gang ties. Abrego Garcia’s lawyers have said in court documents that he has no criminal record, a finding the government has not contested.
Arguing for Abrego Garcia’s return
During the hearing Friday, Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, argued that his client’s removal from the U.S. violated the “withholding of removal” order previously granted by an immigration judge.
“This was the equivalent of a forcible expulsion,” he said.
Sandoval-Moshenberg further argued that the government does have the ability to order Abrego Garcia’s return, saying there is “significant coordination” between the Trump administration and the Salvadoran government.
“This is not something that’s outside of the government’s power,” he said. “The evidence indicates … that he is being detained at the direction of the CECOT prison at the discretion of the United States.”
DOJ attorney critical of Abrego Garcia’s deportation
Department of Justice attorney Erez Reuveni was critical of the federal government for its lack of cooperation and the lack of evidence provided.
“The facts are conceded, Plaintiff Abrego Garcia should not have been removed,” Reuveni said during the hearing.
When the judge asked why Abrego Garcia was taken into custody, Reuveni said he was “frustrated” by the lack of answers.
“There is no warrant for his arrest. There is no statement of probable cause,” Judge Paula Xinis stated. “What is the actual document that got this process started?”
Reuveni responded, “I do not have that order. It is not in the record.”
When further questioned about why the government is not able to return Abrego Garcia, Reuveni said he “asked the government the same question,” and did not receive an answer.
According to Judge Xinis, the terms of the agreement between the U.S. and El Salvador made her believe that Abrego Garcia can be returned.
Alleged MS-13 ties
Before an immigration judge granted him a “withholding of removal” protection order in 2019, Abrego Garcia was taken into police custody and questioned about alleged ties to an MS-13 group that operates in New York.
During a following court appearance, the only evidence presented was allegations from a confidential informant, according to his attorneys.
Abrego Garcia was released from custody with the protection order and returned to his home in Prince George’s County, Maryland.
He continued to appear for mandatory check-ins with ICE each year, with the most recent check-in occurring in January 2025.
During Friday’s court hearing, Judge Xinis pointed out the immigration judge in 2019 did not determine Abrego Garcia was part of MS-13 because there were no indictments or other evidence proving he was.
Mistaken deportation sparks outrage
Some Maryland leaders have spoken out against the handling of immigration enforcement in the U.S.
“Everybody, Republican or Democrat, should be concerned that people who were not supposed to be put on those planes and sent out of this country had that happen to them, period,” said Baltimore Mayor Brandon Scott.
Maryland Gov. Wes Moore also shared his thoughts on Abrego Garcia’s deportation, urging federal officials to correct the mistake.
“No one should be deported to the very country where a judge determined they will face persecution,” Gov. Moore said in a social media post. “It’s outrageous that due process means nothing to the federal administration.”
Abrego Garcia’s wife, Jennifer, told CBS News she is “scared for his life.”
“He’s not a criminal,” she said. “My husband is an amazing person. An amazing father.”