A US court has ordered the government to return a man it deported by mistake. The judge gave officials three days to bring back Kilmar Abrego Garcia from El Salvador. This decision marks another legal setback for the Trump administration’s strict immigration policies.
Originally, Abrego Garcia held a valid work visa. However, officials mistakenly deported him last month. He was one of several migrants removed for alleged gang ties. Later, the government admitted they had made an error in his case.
Despite this, the administration claimed it lacked the legal authority to bring him back. Meanwhile, his lawyers strongly disagreed. “They put him there, they can bring him back,” said Andrew Rossman, a lawyer from Quinn Emanuel who joined the legal team.
Judge Demands Immediate Action
During a hearing in Maryland, US District Judge Paula Xinis questioned government lawyers sharply. As a result, she ordered officials to bring Abrego Garcia back to the US by April 7.
Soon after, the Justice Department said it would appeal. It plans to take the case to the 4th US Circuit Court of Appeals in Richmond.
In response, White House Press Secretary Karoline Leavitt released a statement,“Xinis should contact El Salvador’s President Nayib Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador.”
Lawyers Argue Deportation Was Illegal
Meanwhile, Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, told the court that the deportation had no legal basis. “They admit they had no legal authorization to remove him to El Salvador,” he said. “The public interest lies in the government following the law.”
Even the government’s own lawyer, Erez Reuveni, acknowledged the mistake.“That is not in dispute,” he admitted.
When pressed, Judge Xinis asked why the US couldn’t bring him back. Reuveni said he had asked officials the same question but received no clear response. “The absence of evidence speaks for itself,” Reuveni said.
Another Legal Blow to Deportation Policy
This case adds to a growing list of challenges against Trump’s immigration approach. Currently, a Washington judge is reviewing whether the administration broke the law by deporting Venezuelan migrants.
On March 15, Trump used the 1798 Alien Enemies Act, a rarely used wartime law, to justify quick deportations. The administration sent two flights of Venezuelan suspects to El Salvador. Additionally, a third flight carried others deported under different immigration rules.
Unfortunately, Abrego Garcia was wrongly placed on that third flight. A 2019 court order had protected him from being deported. In court, an ICE official confirmed this was a mistake.
Family Still in the US
Before his deportation, ICE officers detained Abrego Garcia on March 12. They questioned him about gang membership. The government once accused him of being in MS-13. He has always denied this.
According to his lawyers, the US failed to correct the error. They also represent his wife and five-year-old child, both US citizens. His wife attended the Friday court hearing.
Broader Immigration Crackdown Continues
Meanwhile, the Trump administration continues to tighten immigration controls. It has sent troops to the US border. It also reassigned federal agents to prioritize arrests and deportations. Clearly, immigration remains a major focus of the administration’s policies.
