The Trump administration is under a court-imposed deadline to return Kilmar Abrego Garcia, a Maryland resident erroneously deported to El Salvador, to the United States by the end of Monday. U.S. District Judge Paula Xinis ruled that Abrego Garcia's arrest and deportation lacked legal justification, labeling the removal as "wholly lawless." Despite acknowledging the deportation error, the administration contends it cannot compel El Salvador to facilitate his return and has sought intervention from the 4th U.S. Circuit Court of Appeals to halt the judge's order.
Abrego Garcia, a legal U.S. resident with a valid work permit and no criminal record, was detained by Immigration and Customs Enforcement (ICE) in March. He was questioned about alleged gang affiliations, which he and his legal representatives have firmly denied. Judge Xinis emphasized that a 2019 immigration court ruling protected him from removal and noted his compliance with all immigration requirements. Currently, Abrego Garcia is incarcerated in one of El Salvador's most dangerous prisons, raising significant human rights concerns.
In response to the wrongful deportation, the U.S. Department of Justice has placed attorney Erez Reuveni and his supervisor, August Flentje, on administrative leave. Judge Xinis criticized the government's handling of the case, highlighting the lack of evidence for Abrego Garcia's detention and removal. The administration, while admitting the deportation was improper, is appealing the court's decision.
This case underscores ongoing scrutiny of the Trump administration's intensified immigration enforcement policies and raises questions about due process and adherence to legal protections for individuals residing in the United States.