Kilmar Armando Abrego Garcia was living in Maryland legally, protected from deportation under U.S. law. His wife and 5-year-old child are American citizens. But in March, immigration agents stopped him, falsely claimed his legal status had changed, and days later, deported him to El Salvador—where he now sits in one of the most feared prisons in the Americas.
The Trump administration admits it was all a mistake.
Yet in a stunning court filing Monday, Justice Department lawyers argued there’s nothing they can do to bring him home—because U.S. courts have no power to force his release from foreign soil.
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A Legal Resident, Wrongfully Deported
Abrego Garcia had been granted “withholding of removal” status in 2019, meaning he was shielded from deportation due to credible fears of persecution or torture in El Salvador. But on March 12, Immigration and Customs Enforcement (ICE) agents stopped him, wrongly claiming his protections had expired.
Three days later, he was on a flight to El Salvador—one of three deportation planes sent that day under controversial circumstances. Two were part of the Trump administration’s unprecedented use of the Alien Enemies Act, a wartime statute, to deport Venezuelan migrants accused of gang ties. The third plane, carrying Abrego Garcia, was supposed to carry only migrants with formal removal orders.
Instead, he was wrongfully expelled—and upon arrival, Salvadoran authorities imprisoned him in CECOT, the country’s notorious “mega-prison” for alleged gang members.
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“An Administrative Error”—But No Fix in Sight
In court filings, the administration conceded the deportation was a mistake but claimed U.S. courts “lack jurisdiction” to order his return. Justice Department lawyers urged a federal judge to dismiss his family’s lawsuit, arguing that forcing his release would interfere with “the United States’ foreign affairs.”
The White House has doubled down. Spokeswoman Karoline Leavitt insisted Abrego Garcia was an MS-13 gang member, despite no trial or conviction. Vice President JD Vance echoed the claim on X, calling him a “convicted MS-13 member with no legal right to be here.”
My comment is that according to the court document you apparently didn’t read he was a convicted MS-13 gang member with no legal right to be here.
My further comment is that it’s gross to get fired up about gang members getting deported while ignoring citizens they victimize. https://t.co/cPnloeyXYk
— JD Vance (@JDVance) April 1, 2025
But court records show Abrego Garcia successfully fought deportation in 2019 after ICE alleged—based on a confidential informant—that he was a high-ranking gang member. An immigration judge ruled in his favor, granting him protected status.
His lawyers say the accusations are baseless and his deportation unlawful.
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A Growing Pattern of Controversial Deportations
Abrego Garcia’s case highlights the expansive—and often erratic—deportation tactics under the Trump administration. The use of the Alien Enemies Act, typically reserved for wartime, has drawn fierce legal challenges.
Like the Venezuelans deported under the act, Abrego Garcia now sits in a Salvadoran prison with no way to appeal. His family’s lawsuit demands the U.S. halt payments to El Salvador for detaining deportees until he’s freed—a request the administration rejects.
“How Do You Just Leave Him There?”
Abrego Garcia’s wife, a U.S. citizen, is fighting to bring him home. His lawyers argue that if the U.S. admits the deportation was wrong, it must take responsibility.
“He had a right to stay. He had a right to safety,” said Elena Ramirez, an attorney with the National Immigration Project. “Instead, the U.S. government turned him over to a government known for arbitrary imprisonment, and now it says it has no responsibility.”
As the case unfolds, immigration advocates warn it sets a dangerous precedent: if the U.S. can deport people by mistake and refuse to fix it, who’s next?
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What Comes Next
As outrage grows, the administration remains firm that it cannot — and will not — seek Abrego Garcia’s return.
Meanwhile, Abrego Garcia’s family lives in limbo. His 5-year-old daughter asks daily when her father will return.
“We teach our children that the law protects you if you follow the rules,” said his wife Maria. “But what happens when the government breaks its own rules? Who protects us then?”
A federal judge will soon decide whether to dismiss the family’s lawsuit—or force the U.S. to act. Meanwhile, Abrego Garcia remains behind bars, caught in a system that admits it failed him but won’t bring him home.
