A federal court ruling on Friday mandates that Kilmar Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador, be returned to the United States by Monday, April 7.

Abrego Garcia was deported to a supermax prison on March 15 despite a legal protection order that had been in place since 2019, precluding his removal from the U.S. He subsequently initiated a lawsuit against various federal officials to secure his return.

Details of Miscommunication and Legal Proceedings

Officials from the U.S. Immigration and Customs Enforcement (ICE) attributed the deportation incident to an “administrative error,” but they have yet to take corrective measures. The agency contends that they lack jurisdiction to intervene as Abrego Garcia is currently under the custody of the Salvadoran government.

Despite accusations linking him to gang activities, legal representatives for Abrego Garcia emphasize that he bears no criminal record—something the government has not disputed.

Arguments for Abrego Garcia’s Return

During the courtroom hearing, Simon Sandoval-Moshenberg, representing Abrego Garcia, asserted that his deportation contravened the “withholding of removal” order previously granted by an immigration judge.

Sandoval-Moshenberg stated, “This was the equivalent of a forcible expulsion,” arguing that the government possesses the capability to orchestrate Abrego Garcia’s repatriation due to existing collaboration between U.S. and Salvadoran authorities. He added, “This is not something that’s outside of the government’s power.”

Government Response and Judicial Concerns

Expressing dissatisfaction with the government’s lack of cooperation, Erez Reuveni, an attorney for the Department of Justice (DOJ), acknowledged during the hearing that Abrego Garcia’s removal should not have transpired: “The facts are conceded, Plaintiff Abrego Garcia should not have been removed.”

Judge Paula Xinis raised critical questions regarding the rationale for Abrego Garcia’s custody, highlighting the absence of any formal warrant or probable cause documentation to initiate the deportation process.

In response, Reuveni admitted he did not possess any relevant order in the court records, expressing frustration at the lack of clarity from the government.

Judge Xinis indicated that the existing agreements between the U.S. and El Salvador could facilitate Abrego Garcia’s return, suggesting that legal pathways exist for rectifying this situation.

Background on Allegations

Prior to receiving the protection order, Abrego Garcia faced questioning related to alleged connections with the notorious MS-13 gang. His attorneys contend that the only evidence linked to these claims was derived from a confidential informant.

After the immigration judge’s ruling in 2019, which did not find evidence substantiating any ties to MS-13, Abrego Garcia continued his compliance with ICE requirements, with his last check-in occurring in January 2025.

Local Leaders Respond

The mishandling of Abrego Garcia’s deportation has drawn criticism from various Maryland leaders. Baltimore Mayor Brandon Scott commented, “Everybody, Republican or Democrat, should be concerned that people who were not supposed to be put on those planes and sent out of this country had that happen to them, period.” Similarly, Maryland Governor Wes Moore urged action from federal authorities, affirming that, “No one should be deported to the very country where a judge determined they will face persecution.”

Abrego Garcia’s wife, Jennifer, expressed her concerns for his safety, stating, “He’s not a criminal. My husband is an amazing person. An amazing father.”