Unpacking the Mistaken Deportation of Abrego Garcia: Insights from Judges and Trump’s Administration

President Donald Trump claims he could bring Kilmar Abrego Garcia back to the U.S. from El Salvador if he wanted to. However, he argues that Abrego Garcia, a 29-year-old Salvadoran who lived in Maryland and is married to an American citizen, is part of the violent MS-13 gang and shouldn’t live in the U.S.

The Trump administration believes it shouldn’t have to repatriate Abrego Garcia. In fact, the Supreme Court has ruled that the administration must work to bring him back.

For weeks, officials flipped between admitting that Abrego Garcia was deported by mistake and asserting they no longer had control because he’s now in El Salvador. During a recent ABC News interview, Trump hinted that he could simply call the president of El Salvador to facilitate Abrego Garcia’s return.

Abrego Garcia’s case has been contentious. U.S. Immigration and Customs Enforcement (ICE) detained him in spring 2019, claiming an informant identified him as a gang member. An immigration judge denied him bond, labeling him a "ranking member of MS-13." Yet, Abrego Garcia and his lawyers deny any gang affiliation and insist he has never faced charges related to gang activity.

In fall 2019, an immigration judge did grant him protection from removal to El Salvador, confirming he could be in danger from local gangs. However, this protection didn’t guarantee asylum, which would allow him to stay in the U.S.

In March 2025, ICE agents announced they would deport Abrego Garcia back to El Salvador, citing a change in his immigration status. Subsequently, the administration acknowledged the deportation happened due to an error.

Recent Developments

On April 4, a Justice Department lawyer conceded in court that Abrego Garcia should not have been removed to El Salvador. This raised questions about why he was still being held there. U.S. District Judge Paula Xinis ordered the government to bring him back, but the White House responded by questioning the judge’s authority.

By April 12, a U.S. government official confirmed that Abrego Garcia was alive and detained in CECOT prison in El Salvador. The State Department argued the U.S. held no more jurisdiction over him since he was now in another country.

On April 17, Senator Chris Van Hollen visited him in prison and shared a message from Abrego Garcia to his wife, further intensifying public interest in this case.

Public Reaction and Legal Implications

Public sentiment around Abrego Garcia’s case has been mixed. Many view it as a matter of justice and human rights. A recent survey showed that 67% of respondents believe the U.S. should uphold the rule of law, especially in immigration cases.

Experts have weighed in on the implications of this situation. Immigration attorney Maria Gonzalez stated, "This case brings to light the complexities of deportation laws. It’s crucial to examine both the legal and ethical dimensions."

In addition, historical context shows that deportations of individuals with alleged gang ties are controversial. Previous administrations faced backlash for deporting individuals without strong evidence of criminal behavior.

As this case unfolds, it highlights the ongoing debate surrounding immigration policies and the balance of power between the judicial and executive branches in the U.S.

For more on the legal aspects of immigration and the implications of this case, you can refer to the American Civil Liberties Union.

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