A federal judge has issued a significant ruling, ordering the Trump administration to facilitate the return of Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to a notorious prison in El Salvador. This ruling, delivered by U.S. District Judge Paula Xinis, criticized the U.S. government for its handling of the situation, highlighting a troubling admission from a now-suspended Justice Department lawyer who confessed ignorance regarding the reasons for Garcia's detention.
In her recent order, Judge Xinis reaffirmed her initial ruling, dismissing the government's claims that they lack the authority to return Abrego Garcia because he is no longer in U.S. custody. “As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Xinis stated emphatically. This strong language underscores the severity of the government's missteps in this case.
Kilmar Abrego Garcia, a 29-year-old Salvadoran national, was arrested in Maryland and deported last month despite a 2019 ruling by an immigration judge that prohibited his deportation to El Salvador due to potential persecution from local gangs. Garcia had been legally working in the U.S. with a permit from the Department of Homeland Security (DHS) and was actively pursuing a journeyman license as a sheet metal apprentice. His wife is a U.S. citizen, adding another layer of complexity to his case.
The White House has characterized Abrego Garcia’s deportation as an “administrative error,” but has also labeled him as a member of the MS-13 gang. However, Garcia's attorneys have contested this claim, arguing that there is no evidence linking him to the gang. The government's response has drawn scrutiny, particularly following comments made by Erez Reuveni, the now-suspended Justice Department attorney, who conceded that Garcia should not have been removed to El Salvador, responding with “I don’t know” when asked why he was being held.
The Justice Department has since placed Reuveni on administrative leave following his remarks. Attorney General Pam Bondi expressed her disapproval in an interview on “Fox News Sunday,” comparing Reuveni’s concession to a defense attorney admitting fault in a criminal case, stating, “That would never happen in this country.”
In the wake of Reuveni's suspension, Stacey Young, a former Justice Department lawyer and founder of Justice Connection, a network aimed at supporting department alumni, defended Reuveni. She stated that he has “zealously represented the United States in some of the most high-stakes and controversial immigration cases” across multiple administrations. Young emphasized the difficult position faced by Justice Department attorneys, stating, “We should all be grateful to DOJ lawyers who choose principle over politics and the rule of law over partisan loyalty.”
As the Justice Department seeks to pause Judge Xinis’ ruling by appealing to the 4th U.S. Circuit Court of Appeals, the outcome remains uncertain. However, the case has sparked a broader discussion about the ethical responsibilities of government attorneys and the implications of administrative errors within the immigration system.
