A federal judge has ordered the Trump administration to seek the immediate return of Kilmar Abrego Garcia, a Maryland man who was erroneously deported to El Salvador, where he is currently being held in one of the most notoriously inhumane and dangerous prisons in the world. U.S. District Judge Paula Xinis rejected the administration's request to retract her order, stating that Abrego Garcia's deportation was a grievous error that must be rectified.
Judge Xinis issued her ruling late Sunday morning, April 6, 2025, after the Justice Department argued that the court lacked the power to intervene in what it claimed was a matter of foreign policy. However, Xinis firmly stated that the deportation contradicted a 2019 court order that specifically protected Abrego Garcia from being sent back to El Salvador due to fears of gang violence.
"Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of immigration law," Judge Xinis wrote in her 22-page opinion. She emphasized the dangers he faces in the Salvadoran prison system, which is known for its brutal conditions and the mixing of rival gang members.
The case has sparked significant backlash, not only from the courts but also from congressional Democrats and various advocacy groups. The Justice Department acknowledged last week that Abrego Garcia's deportation was a mistake, attributing it to an administrative error. Despite this, they continue to maintain that he poses a danger due to alleged ties to the MS-13 gang, claims that Judge Xinis noted were unsupported by evidence.
Abrego Garcia, a Salvadoran national, has been in the United States since 2012. Initially detained in 2019 due to alleged gang affiliations, he was released after a judge determined he had a credible fear of persecution from a rival gang, Barrio 18. He was living in Maryland with his wife and son, both U.S. citizens, when he was deported last month without warning. His legal team argues that he has long denied any connections to MS-13.
During the hearing, Xinis challenged the government's position that it could not retrieve Abrego Garcia from El Salvador. She suggested that the United States has essentially outsourced its detention responsibility but still retains the ability to seek the return of those it has transferred. "Surely, Defendants do not mean to suggest that they have wholesale erased the substantive and procedural protections of federal immigration law in one fell swoop by dropping those individuals in CECOT without recourse," she wrote, referring to the Salvadoran prison.
The Trump administration's response has been contentious. Attorney General Pam Bondi, appearing on Fox News Sunday, reiterated the claim that Abrego Garcia was part of MS-13, despite the lack of evidence presented in court. "We have to rely on what ICE says. We have to rely on what Homeland Security says," Bondi stated, dismissing the argument that he was leading a quiet life in Maryland.
In a further twist, the Justice Department has appealed Judge Xinis' order to the 4th Circuit Court of Appeals and requested an emergency stay of her ruling. As of Sunday morning, the appeals court had not acted on that request or set a timeline for Abrego Garcia’s lawyers to respond.
Abrego Garcia's case has drawn attention not only for its legal implications but also for its human rights concerns. The prison where he is being held, the Terrorism Confinement Center (CECOT), is notorious for its harsh conditions. Judge Xinis characterized it as a place that deprives detainees of adequate food, water, and shelter, and fosters routine violence.
Legal experts have commented on the significance of this case in the context of the Trump administration's immigration policies. Ben Johnson, executive director of the American Immigration Lawyers Association, remarked that the ruling will serve as a litmus test for whether the administration will comply with judicial orders or continue its trend of mass deportations without accountability.
In light of these developments, Abrego Garcia's family and supporters are calling for the government to comply with the judge's order. His wife, Jennifer Vasquez Sura, expressed her determination to fight for her husband's return, emphasizing the emotional toll this situation has taken on their family.
As the clock ticks toward the administration's deadline to return Abrego Garcia by Monday night, the outcome of this case remains uncertain. The implications of the ruling extend beyond one man's fate, touching on broader themes of justice, immigration policy, and human rights.
