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Kilmar Armando Abrego Garcia, mistakenly deported to El Salvador |
Federal Judge Orders U.S. to Retrieve Deported Man from El Salvador by Monday Deadline
DECK
Mistaken deportation sparks legal firestorm; judge says U.S. acted “illegally” and must correct error swiftly despite federal resistance
KEY FACTS
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What: A federal judge demands the return of Kilmar Armando Abrego Garcia, mistakenly deported to El Salvador.
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Where: U.S. District Court in Maryland; deportation to El Salvador’s Center for Terrorism Confinement.
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When: Court order issued Friday; deadline for return set at 11:59 p.m., April 7.
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Why: Deportation defied legal protections previously granted by an immigration judge.
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How: The Department of Justice cited an “administrative error” but claims custody complications.
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Next Step: The Trump administration has filed an appeal; compliance with the judge’s order remains uncertain.
SITUATION SNAPSHOT
Tension filled the Maryland courtroom as Judge Paula Xinis issued a scathing rebuke of the U.S. government's handling of a deportation gone wrong. Outside, the family of Kilmar Armando Abrego Garcia waited anxiously as lawyers debated whether the federal government would retrieve the man it had wrongfully expelled. The clock is now ticking, with just days to secure his return.
WHAT WE KNOW
Judge Xinis concluded that Abrego Garcia’s removal to El Salvador had no lawful foundation. An immigration judge had previously granted him protection from removal to his home country, citing potential persecution.
Despite this, the Trump administration deported him last month, later admitting it was due to a clerical mistake. DOJ attorney Erez Reuveni acknowledged in court that, jurisdictional arguments aside, ‘he should not have been sent to El Salvador.’
The judge highlighted the U.S. government’s contractual ties with the Salvadoran prison holding Abrego Garcia, questioning its inability to secure his return. “This was an illegal act,” Xinis declared. “Congress said you can’t do it, and you did it anyway.”
WHAT’S NEXT
The government must return Abrego Garcia by Monday night, per the court’s mandate. However, officials have appealed the decision to the U.S. Court of Appeals for the Fourth Circuit, raising uncertainty over whether the deadline will be met.
If compliance falters, Judge Xinis may face renewed motions from Abrego Garcia’s legal team to enforce her ruling. Meanwhile, DHS Secretary Kristi Noem’s recent visit to the Salvadoran facility could further undercut arguments that retrieval is unfeasible.
VOICES ON THE GROUND
"This case is certainly important to Abrego Garcia and his family," said Judge Xinis. "In recognition of that. I feel like I can’t wait on giving my order."
“Our only arguments are jurisdictional … he should not have been sent to El Salvador,” admitted DOJ attorney Erez Reuveni.
“At least today, it doesn’t seem like they’re taking it seriously,” said Simon Sandoval-Moshenberg, Abrego Garcia’s lawyer.
“I really, sincerely hope that [the government] will abide by that order... They should simply obey the judge’s order, bring him back to the United States by Monday,” Sandoval-Moshenberg urged.
“Maybe they could have made that argument prior to Wednesday of last week, but as soon as they put Kristi Noem within the walls of that prison, they really kneecap their argument,” he added.
CONTEXT
President Donald Trump’s administration has pursued aggressive immigration enforcement, invoking rarely used powers like the Alien Enemies Act of 1798. This hardline stance has drawn judicial scrutiny and public criticism—especially as procedural errors like Abrego Garcia’s deportation continue to emerge.
Despite pledges of careful vetting, recent flights to El Salvador have come under fire for mistakes and due process violations. The case now joins a growing list of legal showdowns testing the boundaries of federal immigration authority.
REPORTER INSIGHT
From the courthouse steps to the voices of desperate family members, the ripple effect of one deportation mistake echoes through an already strained system. As the legal and political battles rage, the human toll is visible: a wife pleading, a family torn, and a country now forced to fix what it broke.
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