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The Trump administration acknowledged in a court filing Monday that an “administrative error” led to the wrongful deportation of Kilmar Abrego Garcia, a Salvadoran man legally protected from removal. Despite admitting the mistake, the administration is refusing to facilitate his return to the U.S.
Abrego Garcia, a Maryland resident, was removed on March 15 as part of a series of deportation flights targeting alleged Tren de Aragua and MS-13 gang members. His deportation violated a 2019 immigration judge’s ruling that granted him “withholding of removal” due to the risk of gang persecution in El Salvador.
According to Robert Cerna, Acting ICE Field Office Director, Abrego Garcia was included in the flight due to an “oversight.” The flights, which sent 238 Venezuelans and 23 Salvadorans to a notorious Salvadoran supermax prison, have become central to a legal battle between the Justice Department and U.S. District Court Judge James Boasberg.
Government Defends Deportation Despite Acknowledging Mistake
Despite the admission of error, the Trump administration is opposing requests to bring Abrego Garcia back. The DOJ argues that he is a danger to the community, alleging MS-13 gang ties, and claims U.S. courts lack authority to order his return.
“There has been no showing that El Salvador is even inclined to consider a request to release a detainee at the United States’ request,” the DOJ filing stated.
Abrego Garcia’s attorneys and family members deny the gang allegations, emphasizing his lack of a criminal record in the U.S. Court documents describe him as a husband and father of a disabled 5-year-old son, both of whom are U.S. citizens.
His attorneys argue that his 2019 arrest outside a Home Depot in Maryland was based on flimsy evidence, including a Chicago Bulls hat and hoodie, and a confidential informant’s claim that he was part of an MS-13 faction in Long Island, New York, a place they assert he has never lived.
DHS and Vice President Vance Respond
In response to media reports, a Department of Homeland Security (DHS) spokesperson claimed:
“Abrego Garcia is a member of the brutal MS-13 gang and was reportedly involved in human trafficking. Whether he be in El Salvador or a detention facility in the U.S., he should be locked up.”
Vice President J.D. Vance also defended the deportation, posting on X (formerly Twitter):
“It is telling that the entire American media is going to run a propaganda operation today making you think an innocent ‘father of 3’ was apprehended by a gulag. He is an illegal immigrant with no right to be in our country.”
As the legal battle over these deportation flights continues, Abrego Garcia’s fate remains uncertain, raising questions about due process and immigration enforcement under the Alien Enemies Act.
