Maryland man’s nightmare continues after being mistakenly deported to a dangerous prison in El Salvador. Kilmar Abrego Garcia, 29, was wrongfully sent back to the country he fled due to gang threats—despite a 2019 U.S. immigration judge ruling that protected him from such deportation. Now, the Trump administration is challenging a judge’s order that demands his return to the U.S. by Monday night.
In a highly contested move, the U.S. government argues that a federal judge doesn’t have the authority to mandate that they work with the El Salvadoran government to bring Garcia back. On Saturday, Justice Department lawyers made their case before the 4th U.S. Circuit Court of Appeals, requesting that the judge’s order be put on hold.
“A judicial order that forces the Executive to engage with a foreign power in a certain way, let alone compel a certain action by a foreign sovereign, is constitutionally intolerable,” government attorneys argued.
The case centers around Garcia’s wrongful deportation after an immigration judge had ruled that he could not be sent back to El Salvador, a country where he would likely face gang violence. His deportation, which the White House has referred to as an “administrative error,” sparked public outrage, especially given the human rights violations reported in the prison where he is currently detained.
Garcia’s attorney, Simon Sandoval-Moshenberg, criticized the government for its inaction, saying, “Plenty of tweets. Plenty of White House press conferences. But no actual steps taken with the government of El Salvador to make it right.”
Garcia’s wife, a U.S. citizen, was present in court, and there was a moment of hope when Judge Paula Xinis ruled in Garcia’s favor. The courtroom erupted with cheers as Xinis declared there was no legal reason for Garcia’s continued detention and called for his return to the U.S.
Despite these legal proceedings, the government insists that it has no authority over the situation. “We have no more power over Garcia’s return than we would over ending the war in Ukraine or securing the release of hostages in Gaza,” they stated, claiming that a judge ordering foreign diplomatic actions would be a constitutional violation.
This case underscores the growing concern about errors in deportation processes and their consequences, especially when individuals like Garcia are wrongfully sent to countries where their lives are at risk.
