Judge Orders Trump Administration to Return Man Mistakenly Deported
Greenbelt, Md., April 4, 2025 – A federal judge in Maryland has ordered the Trump administration to facilitate the return of Kilmar Abrego García, a Salvadoran man mistakenly deported to El Salvador last month despite a standing court order protecting him from removal. U.S. District Judge Paula Xinis issued the emergency ruling Friday afternoon, calling the deportation a “flagrant violation” of judicial authority and demanding that the government request El Salvador release Abrego García from its notorious Terrorism Confinement Center (CECOT) mega-prison, where he’s been held since March 15.
A Deportation Gone Wrong
Abrego García, a Maryland resident since fleeing gang violence in El Salvador in 2011 at age 16, had lived legally in the U.S. under a 2019 “withholding of removal” status, granted after an immigration judge found he faced credible threats of persecution from MS-13 gang members if returned home. Despite this protection, U.S. Immigration and Customs Enforcement (ICE) deported him on March 15 as part of a high-profile operation targeting alleged Venezuelan Tren de Aragua gang members under the Alien Enemies Act—a wartime law invoked by President Donald Trump. The administration later admitted in an April 1 court filing that his removal was an “administrative error” and “oversight,” claiming ICE acted “in good faith” based on unverified intelligence linking him to MS-13 and human trafficking.
Judge Xinis rejected that defense at Friday’s hearing in Greenbelt’s U.S. District Court. “They’re coming before this court saying, ‘We’ve tried nothing and we’re all out of options,’” she quoted Abrego García’s attorney, Simon Sandoval-Moshenberg, before slamming the government’s inaction. Xinis ordered the administration to formally ask El Salvador to free Abrego García by April 8 and report progress by April 10, warning of potential contempt if defied—escalating a saga that’s pitted judicial oversight against Trump’s immigration crackdown.
A Family’s Plea
Abrego García’s wife, Yanira Abrego, a U.S. citizen, and their autistic, nonverbal 5-year-old son have been thrust into limbo since his deportation. Yanira told The Washington Post she spotted her husband in a March 16 Salvadoran government video, shackled among deportees at CECOT—a fortress-like prison housing thousands, including MS-13 members he’d fled. “He’s not a gang member—he’s a father,” she said, refuting ICE’s claims. Lawyers from the Legal Aid Justice Center, who filed an emergency lawsuit March 28, argued the government had “washed their hands” of him, leaving him at “imminent risk of death” in a facility known for brutal conditions.
The Justice Department countered in filings that it lacks authority to force El Salvador to release him, now that he’s in foreign custody, and claimed his lawyers hadn’t proven immediate harm. Xinis dismissed this as “outrageous,” noting ICE’s own admission of error and prior judicial findings of his persecution risk. Posts on X captured public outrage: “Trump admin admits it screwed up but won’t fix it—bring him back!” one user wrote, reflecting sentiment as protests flared outside the courthouse.
Caught in a Larger Battle
Abrego García’s case ties into Trump’s broader deportation push, which has seen over 1,200 daily arrests since January, per POLITICO. His March 15 flight coincided with two others carrying 261 Venezuelans to El Salvador under the Alien Enemies Act—a move halted by D.C. Judge James Boasberg hours later, though planes landed anyway, sparking a separate legal firestorm. ICE’s Robert Cerna admitted Abrego García was on a third flight, processed under standard immigration rules, not the wartime law, yet still wrongly sent due to a “clerical error.”
White House Press Secretary Karoline Leavitt defended the deportation Tuesday, insisting Abrego García was a “vicious MS-13 member” despite lacking criminal charges or extradition proceedings against him in the U.S. Vice President JD Vance echoed this on X, decrying media portrayals of an “innocent father.” Xinis, however, leaned on the 2019 ruling—no gang ties were proven then, only an informant’s claim—and ordered his return as a matter of law, not narrative.
What’s Next?
The ruling marks a rare win for immigration advocates amid Trump’s aggressive policies, which include tariff wars and troop deployments at the border. El Salvador’s response remains uncertain—its deal with Trump to house deportees has bolstered President Nayib Bukele’s gang crackdown, and releasing Abrego García could strain that pact. If he returns, his case could test ICE’s error-prone system further; if not, Xinis’ contempt threat looms. For now, a Maryland family waits, and a judge’s order challenges an administration racing to deport millions—mistakes and all.
