In a landmark ruling, U.S. District Judge Paula Xinis ordered the Trump administration to return Kilmar Abrego Garcia, a Salvadoran migrant wrongfully deported to El Salvador, to the United States by April 7. The decision follows the government’s admission that Abrego Garcia, who legally resided in the U.S. with a work permit, was deported in error.
During the hearing in Greenbelt, Maryland, Judge Xinis questioned the government’s legal authority to detain and deport Abrego Garcia, emphasizing the public interest in adhering to the law. Government lawyer Erez Reuveni conceded that the deportation was unauthorized but claimed the administration lacked jurisdiction to bring him back from El Salvador.
Abrego Garcia’s deportation occurred despite a 2019 judicial order granting him protection from removal. His lawyers argue that the government has failed to rectify its mistake, leaving his U.S. citizen wife and five-year-old child without recourse.
The case highlights broader constitutional concerns surrounding the Trump administration’s aggressive immigration policies. On March 15, Trump invoked the 1798 Alien Enemies Act to expedite deportations, including alleged gang members from Venezuela and El Salvador. Abrego Garcia was mistakenly placed on one of these flights, despite disputing claims of gang affiliation.
As legal battles continue, the ruling underscores the complexities of immigration enforcement and the need for accountability in upholding due process.