Image source : AP Photo/Jose Luis Magana, file
Fight Continues for Man Mistakenly Deported to El Salvador
The case of Kilmar Abrego Garcia, a man mistakenly deported from the United States to El Salvador, is still ongoing. Recent news shows that his lawyers and the U.S. Department of Justice (DOJ) were in court again on Tuesday, April 15, 2025. This happened after the president of El Salvador said he would not send Abrego Garcia back to the U.S.
What Happened?
Kilmar Abrego Garcia, who is 29 years old, lived in the U.S. for about 14 years. During that time, he worked in construction, got married, and has three children with disabilities. In March of this year, he was deported to El Salvador along with many other people.
However, there was a problem. In 2019, a U.S. immigration judge had given Abrego Garcia protection from being sent back to El Salvador. The judge believed that he would likely face danger from gangs there. The Trump administration later said that his deportation was a mistake, calling it an “administrative error.”
Supreme Court Steps In
Recently, the U.S. Supreme Court told the Trump administration that it needed to help bring Abrego Garcia back to the U.S. The court rejected the idea that the White House could not get him back after the mistake.
El Salvador’s President Refuses
But there’s another issue. The president of El Salvador, Nayib Bukele, has said that he does not have the power to send Abrego Garcia back to the United States. He even said it would be “preposterous” to “smuggle a terrorist into the United States,” referring to Abrego Garcia.
Why Was He Deported?
U.S. officials said that Abrego Garcia was deported based on an accusation from 2019 by local police in Maryland. They claimed he was a member of the MS-13 gang. However, Abrego Garcia’s lawyers say he is not a member of MS-13 and was never charged with any crime.
Court Hearing in Maryland
On Tuesday, lawyers for both Abrego Garcia and the Justice Department met with a judge in Greenbelt, Maryland. This was a follow-up hearing after the judge had ordered the administration to provide updates on where Abrego Garcia is and what steps were being taken to bring him back.
Where is Abrego Garcia Now?
According to a court document filed by a senior State Department official, Michael Kozak, Abrego Garcia is currently being held in a prison in El Salvador called the Terrorism Confinement Center (CECOT). Kozak stated that he is “alive and secure” in that facility and is being held under the authority of El Salvador.
Another court filing from an ICE official, Evan Katz, said that the administration had no new updates beyond what had already been shared with the court.
Justice Department’s Position
In a filing on Monday, Joseph Mazzara, the acting general counsel for the Department of Homeland Security, said that the agency does not have the authority to force another country to release someone from their custody.
Abrego Garcia’s Lawyers Respond
Abrego Garcia’s lawyers argue that his deportation to El Salvador was illegal because of the protection he was granted in 2019. They say he is not a member of MS-13 or any other gang.
The Backstory: Gang Threats in El Salvador
Court documents from 2019 reveal that Abrego Garcia grew up in El Salvador’s capital. His family owned a small business selling pupusas, a popular local food. A gang called Barrio 18 started demanding money from the family and threatened to harm his older brother if they didn’t pay.
The gang also targeted Abrego Garcia when he was just 12 years old. They threatened to take him unless his father paid them. The family eventually moved to the U.S. to escape the gang violence. They never went to the police in El Salvador because of corruption. The gang continued to harass the family even after they moved to Guatemala.
The Claim of Gang Membership
The U.S. government claims that Abrego Garcia is no longer protected from deportation because of his alleged membership in MS-13, which President Trump has called a terrorist organization. They say this claim comes from a confidential informant.
However, Abrego Garcia’s lawyers say that the government would have needed to reopen his immigration case and prove to a judge that he was a member of MS-13 to remove his protected status. They argue this was not done correctly.
Stuck Between Two Countries
Now, Kilmar Abrego Garcia is in a difficult situation. The U.S. government admits they made a mistake in deporting him, and the Supreme Court has ordered them to help him return. But the president of El Salvador says he will not send him back.
Abrego Garcia’s wife, Jennifer Vasquez Sura, said that the Trump and Bukele administrations are “playing political games with his life.”
What’s Next?
The legal battle is likely to continue. The U.S. judge in Maryland has ordered the Justice Department to provide daily updates on their efforts to bring Abrego Garcia back. It remains to be seen how this situation will be resolved and whether Abrego Garcia will be able to return to his family in the United States.
This case highlights the complexities of immigration law and the human impact of administrative errors and political decisions. The story of Kilmar Abrego Garcia is a reminder that behind the legal terms and court rulings are real people whose lives are deeply affected.
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