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Monday, Apr 07, 2025
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Federal Judge Orders Return of Deported Maryland Man Due to Administrative Error
Kilmar Abergo Garcia, deported to El Salvador, is set to be returned to the U.S. after a judge's ruling on his case.
A federal judge has ruled that Kilmar Abergo Garcia, a Maryland resident who was deported to El Salvador, must be returned to the United States by Monday following a determination that his deportation was a mistake.
U.S. District Judge Paula Xinis stated that the Trump administration's actions regarding Mr. Garcia's deportation were illegal, underscoring that Congress prohibits such actions under specific circumstances.
Kilmar Abergo Garcia was expelled alongside hundreds of individuals identified as alleged gang members last month.
However, U.S. Immigration and Customs Enforcement (ICE) has acknowledged in court filings that Mr. Garcia's deportation was an "administrative error." In 2019, an immigration judge had granted him legal protection against deportation.
Despite claims from the White House labeling Mr. Garcia as a member of the MS-13 gang, his legal representatives have countered that there is no substantive evidence linking him to gang activity.
Moreover, Mr. Garcia's lawyers emphasized that he has never faced criminal charges in any country.
In her ruling, Judge Xinis criticized the Justice Department's handling of the situation, asserting, "Congress said you can't do it, and you did it anyway," directly referencing the regulations governing deportation procedures.
The U.S. government has contended that once an individual is in the custody of another nation, like Mr. Garcia, it loses the ability to reverse the deportation.
However, Mr. Garcia's legal team has described this assertion as problematic, with attorney Simon Sandoval-Moshenberg questioning the government's attempts to absolve itself of responsibility, stating, "They're coming before this court and saying, 'We've tried nothing and we're all out of options.'"
Since his deportation in mid-March, Mr. Garcia's family has been vocal in their efforts to secure his return.
His wife, Jennifer Vasquez Sura, a U.S. citizen, reported that she has not been able to communicate with her husband since his removal by U.S. authorities.
The case has sparked significant concern regarding the deportation practices under the Trump administration, especially involving individuals who are legally present in the U.S. and have received protections against deportation.
U.S. District Judge Paula Xinis stated that the Trump administration's actions regarding Mr. Garcia's deportation were illegal, underscoring that Congress prohibits such actions under specific circumstances.
Kilmar Abergo Garcia was expelled alongside hundreds of individuals identified as alleged gang members last month.
However, U.S. Immigration and Customs Enforcement (ICE) has acknowledged in court filings that Mr. Garcia's deportation was an "administrative error." In 2019, an immigration judge had granted him legal protection against deportation.
Despite claims from the White House labeling Mr. Garcia as a member of the MS-13 gang, his legal representatives have countered that there is no substantive evidence linking him to gang activity.
Moreover, Mr. Garcia's lawyers emphasized that he has never faced criminal charges in any country.
In her ruling, Judge Xinis criticized the Justice Department's handling of the situation, asserting, "Congress said you can't do it, and you did it anyway," directly referencing the regulations governing deportation procedures.
The U.S. government has contended that once an individual is in the custody of another nation, like Mr. Garcia, it loses the ability to reverse the deportation.
However, Mr. Garcia's legal team has described this assertion as problematic, with attorney Simon Sandoval-Moshenberg questioning the government's attempts to absolve itself of responsibility, stating, "They're coming before this court and saying, 'We've tried nothing and we're all out of options.'"
Since his deportation in mid-March, Mr. Garcia's family has been vocal in their efforts to secure his return.
His wife, Jennifer Vasquez Sura, a U.S. citizen, reported that she has not been able to communicate with her husband since his removal by U.S. authorities.
The case has sparked significant concern regarding the deportation practices under the Trump administration, especially involving individuals who are legally present in the U.S. and have received protections against deportation.
