- U.S. immigration officials admitted to mistakenly deporting a Maryland man to El Salvador despite his legal protection against deportation. The notorious Cecot maximum-security facility is currently holding Kilmar Abrego Garcia.
- The deportation occurred on March 15, just three days after ICE officers detained him, citing a change in his immigration status.
- The Department of Justice argued that the U.S. lacks authority to compel El Salvador to return Abrego Garcia, sparking controversy and criticism from advocates.
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U.S. immigration officials imprisoned a Maryland man with legal protection against deportation in El Salvador after admitting they mistakenly removed him during a mass deportation flight.
Authorities in El Salvador are detaining Kilmar Abrego Garcia, a Maryland resident with a U.S. citizen wife and a young child, in the notorious Cecot prison, a maximum-security facility known for its harsh conditions.
What led to his removal?
In 2019, a government informant alleged Abrego Garcia was affiliated with MS-13. While an immigration judge found him removable, the court granted him protection from deportation, citing a credible fear of persecution if returned to El Salvador. He remained in the U.S. for years.
But on March 12, ICE officers detained him, stating his status had changed.
ICE officers placed him on a deportation flight three days later. The agency has since acknowledged the deportation was an “administrative error.”
What is the government’s position?
In court filings, the Department of Justice said the U.S. has no power to compel El Salvador to return him and that federal courts lack authority to issue such an order.
Officials argued ICE carried out the deportation “in good faith,” based on a final removal order and the original gang allegation.
Government lawyers also said there is no evidence Abrego Garcia will face torture or death in El Salvador and urge the court to defer to the administration’s broader assessment of conditions there.
Why is the case controversial?
The deportation came during the Trump administration’s use of the Alien Enemies Act to expedite removals, including of Venezuelan nationals and individuals flagged for alleged gang ties.
The case has sparked criticism from advocates and confusion over conflicting claims.
Vice President JD Vance called Abrego Garcia a “convicted MS-13 gang member,” though court records do not show any gang-related convictions. Abrego Garcia’s attorneys said he has no gang ties and accused the government of failing to produce any evidence.
What comes next?
A federal judge in Maryland will hear Abrego Garcia’s case. Lawyers pressed for his return, but administration officials insisted that the court had no jurisdiction and refused to undo the removal.
The outcome could test the limits of executive authority on immigration — and the system’s ability to correct acknowledged mistakes.
