The Biden administration is facing significant backlash over confirmed and potential missteps in its expedited deportation of hundreds of individuals to El Salvador last month.
On Monday, immigration officials revealed that a Maryland resident was mistakenly deported to El Salvador due to an “administrative error.”
Kilmar Armando Abrego Garcia, who has a U.S. citizen wife and child, was identified as one of the individuals on one of the three recent deportation flights to El Salvador, all of which are now at the center of multiple lawsuits. Advocates assert that those deported did not receive adequate due process.
The administration utilized the flights to swiftly deport over 300 men accused of gang affiliations with MS-13, a group with ties to El Salvador that originated in Los Angeles, as well as Tren de Aragua, a Venezuelan gang. Following their deportation, these individuals were transferred to CECOT, a notorious mega-prison in El Salvador.
Abrego Garcia, whose identity was confirmed through photographs released by the El Salvadoran government, was noted as being among those deported.
“The government’s filing was shocking because it confirmed everything we alleged,” said a lawyer representing Abrego Garcia and his family.
Although Justice Department officials acknowledged the error in Garcia’s case, they stated that they could not intervene as he is now in the custody of a foreign government.
This case adds to the mounting scrutiny facing the administration concerning its deportation practices, which has even caught the attention of some Trump allies. Joe Rogan, a prominent podcast host who endorsed Trump last year, expressed concerns regarding potential inaccuracies in the deportations from El Salvador.
“It’s difficult to discern what’s real and what’s not, but if it is real, this situation is alarming,” Rogan noted, referencing the case of a Venezuelan makeup artist who claims he was wrongly deported after seeking legal asylum.
Legal Actions Advocated
Garcia had previously contested claims of gang involvement under the Trump administration. According to court records, he received a notice to appear in immigration court in 2019. While an immigration judge ruled him removable from the U.S., he was granted withholding of removal, specifically preventing his deportation to El Salvador.
The Board of Immigration Appeals later sustained the order barring his deportation.
Both Garcia’s legal representatives and an acting field office director for Enforcement Removal Operations concur that prior court judgments indicate Garcia should not have been sent back to El Salvador.
Following his detention, Garcia was questioned again about potential gang affiliations and informed that he would be presented to a judge.
An attorney with experience in wrongful deportation cases filed a petition requesting Garcia’s release from CECOT and return to the U.S.
“In this instance, they are not claiming that they are making any efforts to correct the error they made,” he said.
The attorney confirmed that they filed the case just before a visit by the Secretary of Homeland Security to the El Salvador prison. “They were aware of this case yet continued with the situation as it stands. I refuse to accept that,” he stated.
The Justice Department has commented that despite the misdeportation of Garcia, there are no remedial actions possible at this stage.
“The significant priority of the President in foreign relations supersedes any concerns for the plaintiffs,” stated the Justice Department, emphasizing that while they recognize the hardships faced by Garcia’s family, the public interest in not allowing a member of a violent gang to return to the U.S. is paramount.
Vice President JD Vance has publicly commented on the issue, labeling Abrego Garcia as a “convicted member of MS-13.”
“It is disconcerting to incite outrage over the deportation of gang members while neglecting the impact on the citizens they harm,” Vance criticized.
Administration Defends Actions
During an interview on a popular news program, the Secretary of Homeland Security expressed her confidence in the government’s ability to track down gang members responsible for violence against American citizens. “We are diligently working to ensure we are removing these criminals from our country,” she stated.
Leavitt, the White House press secretary, reiterated the administration’s stance on Garcia’s deportation, declaring he was a member of the MS-13 gang and implicated in human trafficking
Garcia’s legal team refuted these allegations, highlighting that he has never been criminally charged in the U.S. or any other country.
“Despite accusations of gang affiliation, the U.S. government has failed to provide any evidence to support these claims,” the suit asserts.
His lawyers argue that local law enforcement in Maryland never pursued accusations regarding his ties to MS-13 following an initial arrest in 2019.
Lawyers indicated that while the government could legally relocate Garcia to another country, they opted to ignore legal protocols and expelled him to El Salvador, thus separating him from his U.S.-citizen wife and disabled child.
An upcoming court hearing is scheduled in Maryland where Garcia’s lawyers will continue their push for the administration to facilitate his return from El Salvador.
“If this behavior is tolerated, it undermines the integrity of immigration laws,” his attorney warned. “It signifies that court orders can be disregarded by using force or by simply placing someone on a plane. This cannot be permitted.”
