The judge presiding over the case of Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador, has emphasized that the Trump administration must facilitate his return to the United States. Abrego Garcia, along with hundreds of other deportees, is currently being held in the Terrorism Confinement Center (CECOT) in El Salvador. District Court Judge Paula Xinis described CECOT as “one of the most notoriously inhumane and dangerous prisons in the world,” highlighting the facility’s squalid conditions.
Judge Xinis noted that the officers involved in Abrego Garcia's deportation acted without a warrant and lacked any lawful reason to arrest him. In her recent order, which was obtained by Politico, she stated, “They told him only that his ‘status had changed.’” Abrego Garcia was arrested last month after fleeing to the U.S. from El Salvador due to threats from local gangs who were attempting to recruit him, endangering both his life and that of his family.
In 2019, a judge had granted him protection from deportation, acknowledging the likelihood that he would be targeted if returned to El Salvador. His wife and five-year-old autistic son are both U.S. citizens, and reports indicate that Abrego Garcia was apprehended in front of his son.
The situation is further complicated by the fact that officials from the Department of Homeland Security admitted in a prior court filing that Abrego Garcia’s deportation to El Salvador was the result of an “administrative error.” Despite this acknowledgment, the Justice Department has contended that it cannot facilitate Abrego Garcia’s return to the United States.
White House Press Secretary Karoline Leavitt commented on the situation, suggesting that the judge should reach out to President Bukele of El Salvador for assistance. Judge Xinis criticized the Justice Department for failing to provide any evidence supporting their claims that Abrego Garcia is affiliated with the MS-13 gang. She pointed out that labeling him as a gang member significantly increases his risk of victimization within the prison system, especially since CECOT deliberately mixes rival gang members.
Attorneys representing Abrego Garcia have stated that the allegations of gang membership are unfounded. They referenced police records indicating that law enforcement was unable to find credible evidence linking him to MS-13 in 2019. Furthermore, they highlighted that Abrego Garcia has not been convicted of any crimes and has had no previous encounters with law enforcement.
Despite the lack of evidence, Vice President J.D. Vance has propagated misinformation, falsely claiming that Abrego Garcia was a convicted MS-13 gang member with no legal right to remain in the U.S. Judge Xinis countered the Trump administration's argument that Abrego Garcia's deportation to El Salvador rendered them unable to return him to the U.S. She asserted, “Surely, Defendants do not mean to suggest that they have wholesale erased the substantive and procedural protections of federal immigration law.”
Judge Xinis also addressed the troubling lack of clarity surrounding the administration’s legal justification for the mass deportation of hundreds of individuals to El Salvador. She emphasized that Abrego Garcia’s case is “categorically different” because there were “no legal grounds whatsoever for his arrest, detention, or removal.” She concluded that his detention appears to be entirely unlawful, underscoring the serious implications of the administration's actions.
