Trump administration acknowledges 'error' in deporting Maryland resident to El Salvador
The Department of Justice reports that it lacks options now that the individual has returned to his home country, a place where he had previously expressed concerns about facing torture and persecution.
TroibNews 
The Trump administration admitted late Monday that it had mistakenly deported a man to El Salvador last month, despite a court ruling indicating he had valid fears of persecution in his home country.
“This removal was an error,” a senior official from Immigration and Customs Enforcement stated in a communication to a federal judge.
Kilmar Abrego Garcia, a Salvadoran national, was among those deported on one of three flights to his home country on March 15 during an intense legal dispute following President Donald Trump's decision to invoke war powers to accelerate the deportation of over 100 Venezuelan nationals to El Salvador. Alongside the Venezuelans, the flights also included deportees with alleged gang connections.
Trump's utilization of historical war powers to expedite deportations — invoked only three times in U.S. history — has sparked significant legal and political controversy concerning the president's authority.
A federal judge has prohibited further deportations under the Alien Enemies Act while a legal review is undertaken. This ruling led Trump to demand the impeachment of judges who have sided against his administration. Judge James Boasberg is also considering whether the Trump administration violated his directive by deporting some Venezuelans to El Salvador despite his order to suspend or reverse the March 15 flights.
Abrego Garcia was classified by an immigration judge in 2019 as a probable member of the MS-13 gang, a conclusion he strongly challenged, which the government attributed to information received from a confidential source. Nonetheless, the court acknowledged at that time that he should not be deported to El Salvador, deeming his fear of persecution or torture credible.
Following this ruling, Abrego Garcia was released from custody and had been living in Maryland with his wife, a U.S. citizen, and their child.
He was detained by ICE on March 12 and deported to El Salvador on March 15, where his wife identified him in footage showing shackled and shaven prisoners being processed by Salvadoran authorities.
The Trump administration has indicated that it cannot assist in facilitating Abrego Garcia's return to U.S. custody. The Justice Department is urging a federal judge to dismiss a petition from Abrego Garcia’s attorneys seeking his return, arguing that the administration lacks the power to compel El Salvador to comply and that the courts cannot issue such orders.
The matter is being reviewed by U.S. District Judge Paula Xinis, an Obama appointee in Maryland.
The administration claims that despite the "good faith" mistake, Abrego Garcia is unlikely to be subjected to torture in El Salvador, asserting that the U.S. government conducted a broader evaluation of the country's conditions when deporting larger groups of migrants.
“This court should defer to the government’s determination that Abrego Garcia will not likely be tortured or killed in El Salvador,” Justice Department attorneys stated. “Although the government erred in removing Abrego Garcia specifically to El Salvador, the government would not have removed any alien to El Salvador … if it believed that doing so would violate the United States’ obligations” under an international anti-torture treaty.
In response to increased media attention following the incident, Vice President JD Vance addressed a request for clarification from Jon Favreau of Pod Save America, a former official from the Obama administration, who referred to Abrego Garcia as “an innocent father from Maryland.” Vance ridiculed Favreau, suggesting he must not have reviewed the court documents because Abrego Garcia was labeled a “convicted MS-13 gang member.”
However, the court documents do not classify Abrego Garcia as a convicted gang member. Instead, a judge in 2019 denied his release from detention based on claims from a government informant who alleged he was associated with that gang. This ruling was affirmed by the Board of Immigration Appeals.
Max Fischer for TROIB News
“This removal was an error,” a senior official from Immigration and Customs Enforcement stated in a communication to a federal judge.
Kilmar Abrego Garcia, a Salvadoran national, was among those deported on one of three flights to his home country on March 15 during an intense legal dispute following President Donald Trump's decision to invoke war powers to accelerate the deportation of over 100 Venezuelan nationals to El Salvador. Alongside the Venezuelans, the flights also included deportees with alleged gang connections.
Trump's utilization of historical war powers to expedite deportations — invoked only three times in U.S. history — has sparked significant legal and political controversy concerning the president's authority.
A federal judge has prohibited further deportations under the Alien Enemies Act while a legal review is undertaken. This ruling led Trump to demand the impeachment of judges who have sided against his administration. Judge James Boasberg is also considering whether the Trump administration violated his directive by deporting some Venezuelans to El Salvador despite his order to suspend or reverse the March 15 flights.
Abrego Garcia was classified by an immigration judge in 2019 as a probable member of the MS-13 gang, a conclusion he strongly challenged, which the government attributed to information received from a confidential source. Nonetheless, the court acknowledged at that time that he should not be deported to El Salvador, deeming his fear of persecution or torture credible.
Following this ruling, Abrego Garcia was released from custody and had been living in Maryland with his wife, a U.S. citizen, and their child.
He was detained by ICE on March 12 and deported to El Salvador on March 15, where his wife identified him in footage showing shackled and shaven prisoners being processed by Salvadoran authorities.
The Trump administration has indicated that it cannot assist in facilitating Abrego Garcia's return to U.S. custody. The Justice Department is urging a federal judge to dismiss a petition from Abrego Garcia’s attorneys seeking his return, arguing that the administration lacks the power to compel El Salvador to comply and that the courts cannot issue such orders.
The matter is being reviewed by U.S. District Judge Paula Xinis, an Obama appointee in Maryland.
The administration claims that despite the "good faith" mistake, Abrego Garcia is unlikely to be subjected to torture in El Salvador, asserting that the U.S. government conducted a broader evaluation of the country's conditions when deporting larger groups of migrants.
“This court should defer to the government’s determination that Abrego Garcia will not likely be tortured or killed in El Salvador,” Justice Department attorneys stated. “Although the government erred in removing Abrego Garcia specifically to El Salvador, the government would not have removed any alien to El Salvador … if it believed that doing so would violate the United States’ obligations” under an international anti-torture treaty.
In response to increased media attention following the incident, Vice President JD Vance addressed a request for clarification from Jon Favreau of Pod Save America, a former official from the Obama administration, who referred to Abrego Garcia as “an innocent father from Maryland.” Vance ridiculed Favreau, suggesting he must not have reviewed the court documents because Abrego Garcia was labeled a “convicted MS-13 gang member.”
However, the court documents do not classify Abrego Garcia as a convicted gang member. Instead, a judge in 2019 denied his release from detention based on claims from a government informant who alleged he was associated with that gang. This ruling was affirmed by the Board of Immigration Appeals.
Max Fischer for TROIB News
