U.S. Court Orders Prompt Return of Man Incorrectly Deported to El Salvador by Monday's End
In a shocking turn of events, a Biden administration confessed to sending a man named Kilmar Armando Abrego Garcia, a father of three from Maryland, to El Salvador through an administrative error last month. A federal judge, Paula Xinis, recently ordered the U.S. government to bring him back to the United States no later than 11:59 p.m. on April 7.
The judge's ruling came as the Trumps' aggressive immigration policies kept producing missteps, despite federal agents claiming to carefully vet each person before sending them on flights to El Salvador. This particular blunder comes at the center of a heated legal battle, marking the first time the administration has admitted an error related to their deportation flights to El Salvador.
Unfortunate for Kilmar, he had previously been granted withholding of removal, meaning he cannot be sent to El Salvador due to the risk of persecution. Recognizing the importance of this case for Abrego Garcia and his family, the judge felt she needed to act swiftly.
Throughout the hearing, Xinis had repeatedly raised concerns about the legality of Abrego Garcia's removal to El Salvador. Upon ruling, she stated that the removal was illegal, against congressional law.
Department of Justice attorney, Erez Reuveni, admitted that Abrego Garcia should not have been deported to El Salvador, citing jurisdictional issues as their only arguments. However, Xinis was skeptical about the U.S.'s ability to bring him back, given their $6 million contract with the El Salvadorian prison facility, the Center for Terrorism Confinement.
To address this concern, Xinis questioned why the U.S. could not bring Abrego Garcia back. The DOJ attorney replied that he had asked for their client's return, but had not received a direct answer. Frustrated, Reuveni suggested that the U.S government could have functional control over returning their own citizen and that the government had not acted on his recommendations.
Simon Sandoval-Moshenberg, Abrego Garcia's lawyer, requested the court to order his client's return to the U.S., expressing a need for the government to be "put on a leash" to ensure this is done in a timely manner. As the hearing concluded, Xinis appeared skeptical about the government's allegations of Abrego Garcia's ties to MS-13, as there was no substantial evidence presented.
In an effort to challenge the judge's ruling, the Trump administration later appealed the case to the US Court of Appeals for the Fourth Circuit. Despite the appeal, Abrego Garcia's family and supporters, such as Jennifer, his wife, vowed to "continue fighting for Kilmar." Sandoval-Moshenberg expressed concern about potential non-compliance with the order and prepared to return to court if the government does not abide by the judge's decision.
Extra information for additional depth
To effectively bring back a person mistakenly deported to another country, a strategic approach can be undertaken, which may include:
- Diplomatic Negotiations: Engage in diplomatic efforts with the foreign government to facilitate the return of the individual through bilateral talks or cooperation agreements.
- Legal Action: Pursue legal measures to enforce the return of the individual, such as court orders based on the grounds of administrative error and violation of previous protections.
- Leverage Existing Agreements: Utilize existing agreements between the U.S. and the foreign government as a framework for the repatriation of the individual based on mutual commitments to human rights and preventing wrongful deportation.
- ICE and State Department Cooperation: Coordinate efforts between U.S. Immigration and Customs Enforcement (ICE) and the Department of State to verify the individual's status and work with foreign authorities to secure their release and transportation back to the U.S.
- In light of the judge's order, the Department of Justice could proceed with diplomatic negotiations with El Salvador to facilitate the return of Kilmar Abrego Garcia, who was mistakenly deported.
- To ensure the rapid return of Abrego Garcia, Simon Sandoval-Moshenberg might pursue legal action at the US Court of Appeals for the Fourth Circuit, citing an administrative error and violation of previous protections as grounds.
- Waldenberg, the federal judge overseeing the case, could leverage existing agreements between the U.S. and El Salvador as a framework for the repatriation of Abrego Garcia, emphasizing the importance of avoiding wrongful deportation.
- In order to bring Abrego Garcia back to the United States, Erez Reuveni, the Department of Justice attorney, may request cooperation from U.S. Immigration and Customs Enforcement (ICE) and the Department of State to verify his client's status and coordinate efforts with foreign authorities for his release and transportation.
