FREDERICKSBURG, Md. (AP)—A federal judge directed the Trump administration on Friday to facilitate the return of a resident from Maryland back to the country after being deported. mistakenly deported to a notorious El Salvador prison while a U.S. government lawyer found themselves unable to clarify what occurred.
The court dismissed the White House's assertion that it doesn’t have the authority to locate Kilmar Abrego Garcia, who is a citizen of El Salvador, since he isn't currently within the United States. According to Abrego Garcia’s lawyer and immigration specialists, ICE has rectified mistakes related to deportations in prior years.
Immediately following the ruling, the government lodged an appeal. Meanwhile, officials from the Trump administration continued to assert that Abrego Garcia is a notorious gang member and claimed that American courts lack jurisdiction over the issue.
"According to White House Press Secretary Karoline Leavitt, we have no knowledge of the judge possessing jurisdiction or authority over El Salvador," she stated after U.S. District Judge Paula Xinis issued her ruling.
The ICE removed the 29-year-old Abrego Garcia last month even though an immigration judge had ruled in 2019 to protect him from being deported to El Salvador, a country where he was at risk of facing persecution by local gangs.
His erroneous deportation, which the White House characterized as an “administrative error,” has outraged many and expressed worries regarding the deportation of individuals who are not citizens Who received approval to stay in the United States?
"The document shows that Abrego Garcia was detained in Maryland without any lawful grounds... and was deported to El Salvador without additional proceedings or legitimate justification," Xinis stated in her ruling.
Prior to delivering her decision, Xinis characterized the deportation as "an unlawful action" and questioned Justice Department lawyer Erez Reuveni for clarification, though he was unable to provide much of it.
Reuveni admitted to Xinis that removing Abrego Garcia from the U.S. and sending him to El Salvador was unjustified. He was unable to inform the judge about the basis for his arrest in Maryland.
"I'm equally vexed because I don't have any responses for your numerous queries," he stated.
The judge similarly raised concerns about why Abrego Garcia was dispatched to the jail in El Salvador, where observers claim human rights violations are widespread.
"Why is he there, of all places?" questioned Xinis, who was appointed by President Barack Obama.
I'm not sure," Reuveni responded. "I haven't been provided with that information.
Reuveni requested from the judge an extension of 24 hours so that the government might facilitate Abrego Garcia's possible return.
Simon Sandoval-Moshenberg, Abrego Garcia's lawyer, expressed disappointment to the judge that the government had taken no action to return his client, despite acknowledging its mistakes.
“There are numerous tweets and White House press conferences, but no concrete actions have been taken with the government of El Salvador to address the issue,” he stated.
Sandoval-Moshenberg stated that the government's reaction to their mistake was basically to claim, "We've tried everything, but we have no more ideas left."
"This isn’t beyond the government's capabilities," he remarked, pointing out that the U.S. frequently extradites gang leaders, drug smugglers, and other incarcerated individuals from various nations.
In legal filings, Sandoval-Moshenberg requested the court to have Abrego Garcia removed from the "prison for torture" and returned to U.S. custody.
The White House has portrayed Abrego Garcia as an MS-13 gang member And reinforced that assertion following Friday's hearing. Tricia McLaughlin, the Department of Homeland Security assistant secretary, mentioned that the U.S. possesses " intelligence indicating his involvement in human trafficking."
McLaughlin declined to say whether the administration would adhere to the judge's directive or provide details on when and where Abrego Garcia could be sent back to the United States. However, she stated that he would end up "in custody and away from American streets."
Members of the MS-13 gang commit murders, sexual assaults, and severe injuries as acts of entertainment," she stated. "It's disgraceful how the main-stream media prioritizes serving these violent groups over giving voice to those they harm.
Abrego Garcia’s lawyers have argued that there is no proof he was part of MS-13. They say this accusation stems from a statement made in 2019 by an unnamed source who claimed Abrego Garcia belonged to a branch of the gang located in New York, despite his absence from living there at all.
Abrego Garcia possessed a permit issued by the Department of Homeland Security allowing him to work lawfully in the United States, according to his lawyer. He worked as an apprentice in sheet metal fabrication and was concurrently working towards obtaining his journeyman certification.
In approximately 2011, he escaped from El Salvador due to threats posed by local gangs against him and his family. By 2019, a United States immigration judge provided him with protection against being deported back to El Salvador. Following this ruling, he gained release, and Immigration and Customs Enforcement (ICE) chose neither to contest the verdict nor attempt to expel him to an alternative nation.
Later, Abrego Garcia wed Jennifer Vasquez Sura, who is a U.S. citizen. They have a child together along with her two offspring from an earlier marriage.
The judge’s decision on Friday followed closely after Vasquez Sura attended a gathering with numerous supporters in Hyattsville City to advocate for her spouse's prompt return.
Vasquez Sura, who has been silent with her spouse since his deportation, encouraged her followers to continue advocating for him and for "all the others like Kilmars out there whose narratives are yet to be told."
To every wife, mother, and child experiencing this harsh separation, I stand united with you in shared sorrow," she stated at the gathering held in a community center. "This is a trial that nobody should endure, a torment that seems unending.
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Finley provided coverage from Norfolk, Virginia. Contributions to this report were made by Associated Press reporters Rebecca Santana and Seung Min Kim in Washington.
Michael Kunzelman and Ben Finley, The Associated Press