A federal judge on Friday directed the Trump administration to promptly arrange for the return of a Maryland individual who was erroneously deported to a prison in El Salvador.
U.S. District Judge Paula Sinis stated that Kilmer Abrego Garcia was wrongfully deported to El Salvador and must be returned by midnight on Monday.
Sinis determined that Garcia’s removal on March 15th, during U.S. immigration and customs enforcement, breached the Administrative Procedure Act, as it took place without judicial review.
The U.S. Department of Justice announced on Friday that it intends to challenge the judge’s ruling immediately.
Kilmer Abrego Garcia did not attend the court proceedings, according to Glenn Ivey
This undated photo shows Kilmer Abrego Garcia. (Murray Osorio PLLC via AP)
The Trump administration has conceded that Garcia’s deportation was an “administrative mistake,” yet they justified it by alleging that he was connected to the MS-13.
“This person is an illegal criminal who has violated our country’s immigration regulations. He is a violent MS-13 gang leader and participates in human trafficking,” White House spokesperson Karoline Leavitt stated at a briefing on Tuesday.
John Yu encourages Trump leaders to return individuals mistakenly deported to “accept a deal.”
“Additionally, MS-13 is recognized as a designated foreign terrorist organization. Foreign terrorists lack legal rights in the United States, and this administration aims to continue expelling foreign terrorists and illegal offenders from our nation,” she added.
In this undated image provided by the US District Court for the Maryland district, Jennifer Vasquez Sula’s husband Kilmer Abrego Garcia is escorted by security personnel through the Terrorism Confinement Center in Tecolca, El Salvador. (US District Court for the Maryland District via the AP)
DHS Deputy Chief Tricia McLaughlin informed Fox News after the ruling:
A judge previously ruled five years ago that Garcia, who unlawfully entered the United States in 2011 and requested asylum, could not be sent back to his native country due to fears that he would be targeted by local gang members in El Salvador.
Although his asylum petition was denied, he was granted protection from deportation, and ICE did not contest the ruling.
Garcia’s wife, Jennifer Vasquez Sula, is a U.S. citizen who actively campaigned for his return.
Garcia’s wife, Jennifer Vasquez Sula, is a US citizen and actively campaigned for his return. (AP Photo/Jose Luis Magana)
Garcia is employed as a sheet metal apprentice in Maryland and was apprehended in an IKEA parking lot on March 12 while his 5-year-old son was in the vehicle.
His legal representatives firmly disputed any gang association, asserting that he had authorization from the Department of Homeland Security to work in the U.S. They also mentioned that the government has provided scant evidence to back up its allegations.
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He was detained in a Salvadoran prison under that government’s authority, leaving ambiguity about how the government would manage the situation moving forward.
Fox News’ Cameron Arcand and the Associated Press contributed to this report.
