Judge Orders Urgent Return of Wrongfully Deported Maryland Man from El Salvador

April 5 – In a significant legal ruling that strikes at the heart of the former administration’s immigration policies, a federal judge on Friday ordered the United States government to return a Maryland resident who was wrongfully deported to El Salvador. The man, Kilmar Abrego Garcia, had been living legally in the U.S. with a valid work permit when he was mistakenly included in a deportation flight last month.

The deportation, which occurred despite a court order from 2019 protecting Abrego Garcia from removal, has raised serious concerns about government overreach and procedural errors in the enforcement of immigration law. The ruling, issued by U.S. District Judge Paula Xinis at a hearing in Greenbelt, Maryland, requires federal officials to bring Abrego Garcia back to the U.S. within three days.

According to his legal team, Abrego Garcia was included in a flight transporting individuals allegedly tied to violent gangs or immigration violations. However, government lawyers acknowledged in court that Abrego Garcia’s removal was a mistake, with no legal justification. Despite admitting the error, the government initially claimed it lacked the authority to return him, an argument that the court ultimately rejected.

Attorney Andrew Rossman, who recently joined Abrego Garcia’s defense, dismissed the government’s claim. “They deported him. They have the power to bring him back,” Rossman said after the hearing. The legal team argued that returning Abrego Garcia was not only within the government’s capability but also necessary to comply with due process and legal standards.

In a tense courtroom exchange, Judge Xinis questioned government attorneys about their failure to act. Erez Reuveni, representing the Department of Justice, conceded that Abrego Garcia should not have been removed but provided no clear explanation for the delay in remedying the situation. “The absence of action speaks volumes,” Reuveni told the judge, noting that even he had received no adequate answers from federal agencies.

Abrego Garcia’s family, including his wife and five-year-old child—both U.S. citizens—have remained in Maryland during his absence. His wife was present in court on Friday and appeared visibly emotional as the judge delivered the order. The family’s lawyers emphasized the trauma and disruption caused by the wrongful deportation, pointing out that the U.S. government had taken no steps to correct its mistake until compelled by the court.

In response to the court’s decision, the Department of Justice quickly filed an appeal with the 4th U.S. Circuit Court of Appeals, located in Richmond. Federal officials described the judge’s ruling as “indefensible,” arguing that Abrego Garcia “has no legal right to be in the United States.” The DOJ further contended that public interest did not support his return and labeled the court’s directive as an “overreach.”

However, Abrego Garcia’s legal team strongly disagreed with that assertion. Simon Sandoval-Moshenberg, one of his attorneys, argued that the government not only violated a standing court order from 2019, but also detained and removed his client without any lawful basis. “They admitted they didn’t have the legal grounds to deport him,” Moshenberg said. “The public interest lies in upholding the rule of law.”

The case adds to a growing list of legal challenges targeting the Trump-era immigration agenda, which aggressively pursued deportation policies often criticized for undermining constitutional protections. Notably, this case coincides with the controversial use of the 1798 Alien Enemies Act by the Trump administration to expedite the removal of individuals allegedly affiliated with gangs, particularly from Venezuela.

On March 15, the U.S. deported three flights of individuals to El Salvador under varying legal grounds. While two flights carried alleged gang members expelled under the Alien Enemies Act, a third flight included individuals deported under different procedures. Abrego Garcia was placed on this third flight despite the legal protections afforded to him.

Court documents reveal that he was detained on March 12 and interrogated about supposed ties to the MS-13 gang—a claim he has consistently denied. During a previous immigration dispute in 2019, the U.S. had made similar accusations, but a judge ultimately ruled in favor of Abrego Garcia, providing him with protection from removal.

Despite those protections, immigration officers proceeded with his deportation last month. His attorneys have since accused the government of failing to take even the most basic steps to correct the unlawful action. “They called it a mistake but have done nothing to fix it,” one of his lawyers stated.

The fallout from the case has extended into the Justice Department itself. Reports over the weekend suggested that Erez Reuveni, the senior DOJ attorney who represented the government in the hearing, was placed on indefinite leave shortly after the court decision. Although the department has not confirmed the action, internal documents reportedly link the decision to concerns about his handling of the case.

Attorney General Pam Bondi emphasized in a statement that all department lawyers are expected to advocate zealously for the United States, suggesting that failures to do so would have consequences.

The Abrego Garcia case continues to draw national attention as a symbol of the broader tensions surrounding immigration enforcement, judicial oversight, and executive power. As the government prepares its appeal, Abrego Garcia remains stranded in El Salvador—awaiting a resolution that may ultimately redefine how errors in deportation are addressed moving forward.