Trump admin blunder: Maryland dad wrongfully sent to brutal Salvadorian mega prison; government says, we can’t get him back

A Maryland father with a protected immigration status was mistakenly deported to El Salvador and locked up in a notorious mega-prison. His family is now seeking legal action to get him back.

ICE deported Maryland dad Kilmar Armando Abrego Garcia to El Salvador's infamous CECOT prison.

What is the U.S. government’s response?

The government contends that it has no more influence over the destiny of Kilmar Armando Abrego Garcia. This was despite the fact that the man had protected immigration status in the United States, which prevented him from being returned there out of fear of persecution.

Immigration and Customs Enforcement (ICE) acknowledged on Monday that it had sent Kilmar Armando Abrego Garcia to El Salvador's infamously cruel CECOT prison by mistake in a filing in federal court in Maryland, as per a report by The Independent.

How did ICE’s mistake happen?

Due to an administrative error, Abrego Garcia was sent to El Salvador on March 15, even though ICE knew he was protected from being sent there," the government wrote.

The admission was made in a lawsuit filed by Abrego Garcia's family, who are requesting that the federal government ask El Salvador to bring the man back to the United States and that the United States not be allowed to reimburse El Salvador for the man's detention.

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The Trump administration contends that a U.S. court lacks jurisdiction to issue orders pertaining to the man's detention and release because he is no longer in U.S. custody.

According to court documents, Abrego Garcia fled from gangs in his native El Salvador, where he was allegedly stalked, beaten, and threatened with death and kidnapping as part of extortion attempts. He entered the United States without a visa sometime around 2011 and settled in Maryland, as per a report by The Independent.

In 2019, ICE accused him of belonging to the criminal gang MS-13 in El Salvador and sent him a notice to appear in removal proceedings.

According to his lawyers, he has no criminal history, is not associated with any criminal organization, and has no gang affiliation. He was targeted by police for nothing more than wearing Chicago Bulls apparel while looking for work outside a Home Depot, they say, and the accusation is based on a tenuous gang arrest.

Abrego Garcia requested asylum and protection under the UN Convention Against Torture during the removal proceedings, and a judge granted him withholding from removal. The ruling was not appealed by the government.

According to court documents, the Maryland man, a father of a 5-year-old and an apprentice in the union sheet metal industry, stayed in the United States and continued to make required check-ins with ICE, most recently in January.

Rather, the government allegedly put Mr. Abrego Garcia on a plane to El Salvador with no legal justification at all," his lawyers wrote in their Friday lawsuit.

Abrego Garcia was informed that his immigration status had changed on Wednesday, March 12, and by Saturday, he had been sent to El Salvador.

FAQs

Why was Abrego Garcia deported when he was legally protected?
ICE admits that his deportation was the result of an administrative error, despite the fact that his legal status prevents him from being removed to El Salvador.

What is being done to get him back?
His family has filed a lawsuit, but the US government claims it no longer has jurisdiction because he is not in US custody.