Man Wrongfully Deported To El Salvador Must Be Returned To U.S.

MARYLAND — In response to the Supreme Court's ruling that President Donald Trump’s administration must return Kilmar Abrego Garcia to the United States after the Maryland man was mistakenly deported to El Salvador, a U.S. district judge on Friday ordered the government to outline how it will bring him back and set a deadline for confirming his location.

U.S. District Judge Paula Xinis amended her earlier order for the government “to facilitate and effectuate” the return of Abrego García, The Washington Post reported.

“To this end, the Court hereby amends this Order to Direct that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible,” the judge wrote.

A declaration confirming his location must be filed by 9:30 a.m. Friday, Xinis said.

Abrego Garcia is a Salvadoran citizen who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs.

The administration claims Abrego Garcia is a member of the MS-13 gang, though his attorneys said there is no evidence he was in the gang, and he has never been charged with or convicted of a crime.
The administration has conceded that it made a mistake in sending him to El Salvador, where he is being held in a notorious prison, but also argued that it no longer could do anything about it.

A GoFundMe has been set up to help the family of Abrego Garcia. He and his wife have three children with health challenges: Two are on the autism spectrum and a third has epilepsy. National Day Laborer Organizing Network has organized the fundraiser on behalf of Jennifer Vasquez Sura, wife of Abrego Garcia, a resident of Beltsville and a U.S. citizen.

Related: GoFundMe To Support Family Of Wrongfully Deported MD Man

In Thursday’s case, the court said the Trump administration should be prepared to share what steps it has taken to try to get Abrego Garcia back — and what more it could potentially do.

The court’s liberal justices said the administration should have hastened to correct “its egregious error” and was “plainly wrong” to suggest it could not bring him home.

“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene,” Justice Sonia Sotomayor wrote, joined by her two colleagues. “To this day the government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador or his confinement in a Salvadoran prison. Nor could it.”

Sen. Chris Van Hollen (D-Md.) said the Supreme Court stood up for the Maryland father, as well as the rule of law and due process in the nation.

"For our country and for the Abrego Garcia family, this ruling on the side of justice comes as a huge relief. But the Administration should never have abducted Kilmar in the first place," Van Hollen said. "It was shameful and they must bring him home now. I will fight alongside his family until they do.”

A Justice Department spokesman told The New York Times the order reinforces the powers of the executive branch.

“As the Supreme Court correctly recognized, it is the exclusive prerogative of the president to conduct foreign affairs,” the spokesman said. “By directly noting the deference owed to the executive branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the president’s authority to conduct foreign policy.”

Abrego Garcia’s wife, Jennifer Vasquez Sura, said the ordeal has been an “emotional rollercoaster” for their family and the entire community.

“I am anxiously waiting for Kilmar to be here in my arms, and in our home putting our children to bed, knowing this nightmare is almost at its end. I will continue fighting until my husband is home,” she said.

One of his lawyers, Simon Sandoval-Moshenburg, said “tonight, the rule of law prevailed,” and he encouraged the government to “stop wasting time and get moving.”

In the district court, Xinis wrote that the decision to arrest Abrego Garcia and send him to El Salvador appears to be “wholly lawless.” There is little to no evidence to support a “vague, uncorroborated” allegation that Abrego Garcia was once in the MS-13 street gang, Xinis wrote.

The 29-year-old was detained by immigration agents and deported last month.

He had a permit from the Homeland Security Department to legally work in the U.S. and was a sheet metal apprentice pursuing a journeyman license, his attorney said.

Tricia McLaughlin, assistant DHS secretary for public affairs, said Thursday that the justices’ order for clarification from the lower court was a win for the administration. “We look forward to continuing to advance our position in this case,” she said.

A Justice Department spokesman said the court had “directly noted the deference owed to the Executive Branch” in foreign affairs.

An immigration judge had previously barred the U.S. from deporting Abrego Garcia to El Salvador in 2019, finding that he faced likely persecution by local gangs.

A Justice Department lawyer conceded in a court hearing that Abrego Garcia should not have been deported. Attorney General Pam Bondi later removed the lawyer, Erez Reuveni, from the case and placed him on leave.

The Associated Press contributed reporting.