The Trump administration is under scrutiny for reported and potential errors in hastily deporting numerous men to El Salvador last month. On Monday evening, immigration authorities acknowledged mistakenly deporting a Maryland resident to El Salvador due to an “administrative error.”
Kilmar Armando Abrego Garcia, who resided with his U.S. citizen wife and child, was identified as being on one of the three flights to El Salvador last month, which are subjects of multiple lawsuits. Immigration advocates assert that those deported to El Salvador did not receive due process.
The administration utilized the flights to swiftly deport over three hundred men accused of being members of MS-13, a gang with ties to El Salvador but originating in Los Angeles, and Tren de Aragua, a Venezuelan gang. They were subsequently transferred to CECOT, a notorious mega-prison in El Salvador.
Abrego Garcia’s wife identified him through photos released by the Salvadoran government. Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, expressed surprise at the government’s admission of error. Although Justice Department lawyers recognize the mistake, they maintain that federal authorities are unable to intervene as he is currently in custody in another country.
White House press secretary Karoline Leavitt reaffirmed the deportation, citing his alleged connections to MS-13, which his lawyers contest. This issue contributes to increasing judicial examination of the deportations and has prompted concerns from one of Trump’s supporters, Joe Rogan, who commented on potential errors in the El Salvador deportations on his podcast.
Abrego Garcia initially challenged accusations of MS-13 membership during the first Trump administration. In 2019, he received a notice to appear in immigration court. A judge deemed him removable from the U.S. but granted him a withholding of removal, preventing deportation to El Salvador. This decision was later upheld by the Board of Immigration Appeals.
Both Abrego Garcia’s lawyers and Robert Cerna, acting field office director for Enforcement Removal Operations, concur that these prior rulings indicate that Abrego Garcia should not have been deported to El Salvador last month.
Court documents reveal that when Abrego Garcia was detained last month, he was interrogated about gang affiliations and informed of an impending appearance before a judge. Sandoval-Moshenberg noted prior experiences with wrongful deportation cases, during which the U.S. made efforts to rectify the situation. He has filed a petition seeking Abrego Garcia’s release from CECOT and return to the United States.
Amidst the situation, Homeland Security Secretary Kristi Noem visited the El Salvador prison shortly after the case was filed. The Justice Department’s response acknowledges the deportation error but states there is currently no recourse. Vice President JD Vance also commented on the case, alleging Abrego Garcia’s connection to MS-13.
Government officials assert they are carefully targeting criminal gang members for deportation. Leavitt reiterated the administration’s stance, claiming Abrego Garcia’s affiliation with MS-13 and alleged criminal activities, which his attorney disputes, emphasizing his lack of criminal convictions.
Abrego Garcia’s case is set for a court hearing in Maryland on April 4, where his lawyers intend to request his return to U.S. custody, challenging the administration’s actions and emphasizing the importance of adhering to immigration laws.