Court Orders Return of Wrongfully Deported Maryland Resident

Sat 5th Apr, 2025

A U.S. District Court judge has mandated that a Maryland resident, who was erroneously deported to El Salvador, be returned to the United States within three days. The ruling was made by Judge Paula Xinis during a court session in Greenbelt, Maryland, where she stated that the federal government must act swiftly to facilitate the return of Kilmar Abrego Garcia.

Abrego Garcia, who had been living legally in the U.S. and possessed a valid work permit, was mistakenly deported last month. The U.S. government has acknowledged that the deportation was a mistake but has contended that it lacks the legal authority to reverse the action and return him.

During the hearing, one of Abrego Garcia's attorneys argued that there was no legal justification for his deportation. The attorney emphasized the importance of the government adhering to the law. The government lawyer conceded that Abrego Garcia's removal was indeed wrongful.

Judge Xinis challenged the government's position, asking for clarification on the legal grounds for Abrego Garcia's detention and subsequent deportation. The government's attorney admitted that he had posed the same question to higher authorities but had not received a satisfactory response.

This case arises in the context of a broader immigration enforcement strategy employed by the Trump administration. Recently, the administration invoked a historical law to expedite the deportation of individuals identified as members of certain gangs, including the Venezuelan gang Tren de Aragua. On March 15, flights were sent to El Salvador carrying those deported under this controversial statute, which has been the subject of legal scrutiny.

Despite the government's acknowledgment of the error regarding Abrego Garcia, an official from U.S. Immigration and Customs Enforcement indicated that he had been wrongfully placed on a flight designated for deportees under different regulations. This situation follows his arrest by ICE officers, who questioned him regarding potential gang affiliations. Abrego Garcia has denied claims linking him to the MS-13 gang.

Abrego Garcia's legal team, which includes a prominent law firm, has argued that the government has not taken sufficient steps to address the situation, despite recognizing the deportation as a mistake. His family, including his wife and five-year-old child who are U.S. citizens, remains in the country.

The Trump administration's stringent immigration policies have led to numerous legal challenges, with questions arising about the constitutionality of certain actions. A judge in Washington is currently deliberating whether federal officials violated a court order that temporarily halted the deportation of individuals deemed gang members under the same historical law.

In light of these developments, the administration has increased its presence at the U.S.-Mexico border and reassigned federal agents to bolster immigration enforcement initiatives.


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