A federal judge ruled Friday that a Maryland father who was mistakenly deported to a prison in El Salvador must be returned to the U.S. by Monday, April 7.
Abrego Garcia is suing several federal officials, alleging that a protection granted by a judge in 2019 should have kept him from being deported.
He was removed from the country on March 15 and was sent to a supermax prison along with hundreds of alleged gang members.
“Oversight” led to Kilmar Abrego Garcia’s deportation
“Every other time that that happened, as soon as I essentially convinced them that they messed up. Department of Justice, Department of Homeland Security, bent over backwards to try to fix it. Right now, they haven’t taken a single step,” Abrego Garcia’s attorney Simon Sandoval-Moshenberg said.
According to the lawsuit, Abrego Garcia does not have a criminal record and has never been charged with a crime in any country.
His attorney said the deportation violated Abrego Garcia’s “withholding of removal” order and occurred without legal proceedings.
Abrego Garcia’s attorneys will appear in court Friday to argue for his return to the U.S.
His wife is also expected to appear for a rally ahead of the hearing, according to the Associated Press.
Alleged MS-13 ties
Before an immigration judge granted him a “withholding of removal” protection order in 2019, Abrego Garcia was taken into police custody and questioned about alleged ties to an MS-13 group that operates in New York.
During a court appearance, the only evidence presented was allegations from a confidential informant, according to his attorneys.
Abrego Garcia was released from custody with the protection order. He returned to his home in Prince George’s County and has since been working as a sheetmetal apprentice.
He continued to appear for mandatory check-ins with ICE each year, with the most recent check-in occurring in January 2025.
What’s next for Abrego Garcia
Abrego Garcia’s attorneys are arguing for his return to the U.S. from El Salvador.
ICE and the Department of Justice are opposing the request, arguing that federal courts do not have the authority since he is now being held by El Salvador.
Attorney Sandoval-Moshenberg admitted that Abrego Garcia being in prison could present challenges.
“When a violation of law has occurred, the court has power to order that that be remedied and that the parties be returned to their original positions. The only sort of problem in this case is that he’s currently inside the jail, right?” Sandoval-Moshenberg said.
Federal officials maintain that Abrego Garcia is a danger to the community due to alleged gang ties.
“He’s not a gang member. The allegations against him are based on whispers and shadows,” Sandoval-Mosheberg countered.
Mistaken deportation sparks outrage
Some Maryland leaders have spoken out against the handling of immigration enforcement in the U.S.
“Everybody, Republican or Democrat, should be concerned that people who were not supposed to be put on those planes and sent out of this country had that happen to them, period,” said Baltimore Mayor Brandon Scott.
Maryland Gov. Wes Moore also shared his thoughts on Abrego Garcia’s deportation, urging federal officials to correct the mistake.
“No one should be deported to the very country where a judge determined they will face persecution,” Gov. Moore said in a social media post. “It’s outrageous that due process means nothing to the federal administration.”
