A federal judge ruled on Friday that Kilmar Abrego Garcia, a Maryland father mistakenly deported to El Salvador, must be brought back to the United States by Monday, April 7.
Abrego Garcia was deported on March 15 to a maximum-security prison in El Salvador, despite being under a court-issued protection order from 2019 that should have prevented his removal. He has since filed a lawsuit against several federal officials, demanding his return.
His wife, Jennifer Abrego Garcia, expressed gratitude and relief following the ruling.
“Thank you to everyone who has supported us through this fight,” she said in a statement shared by advocacy group CASA. “We will keep fighting this. The first thing I’m going to do when I see him is give him a big hug.”
Immigration and Customs Enforcement (ICE) officials have admitted that Abrego Garcia’s deportation was due to an “administrative error” and an “oversight.”
However, they failed to act to correct the mistake. ICE also argued that the U.S. government has no jurisdiction over Abrego Garcia now that he’s in Salvadoran custody and maintained that he is a threat due to alleged gang ties.
Abrego Garcia’s attorneys say he has no criminal record—a point the government has not disputed.
During Friday’s hearing, attorney Simon Sandoval-Moshenberg, who represents Abrego Garcia, argued that his client’s deportation violated the 2019 “withholding of removal” order issued by an immigration judge, which was intended to protect him from being deported to El Salvador due to potential danger.
“This was the equivalent of a forcible expulsion,” Sandoval-Moshenberg said, adding that the U.S. government does have the power to bring him back, given their cooperation with the Salvadoran government.
He noted that Abrego Garcia is being held in a Salvadoran prison at the “discretion of the United States.”
A Department of Justice attorney, Erez Reuveni, criticized the government’s actions, or lack thereof, in the case.
“The facts are conceded—Plaintiff Abrego Garcia should not have been removed,” Reuveni said in court. He admitted frustration over the lack of clear answers, stating there was no warrant or probable cause behind Abrego Garcia’s arrest and removal.
Judge Paula Xinis questioned the government’s inability to produce any documentation justifying the deportation.
“There is no warrant for his arrest. There is no statement of probable cause,” she said. When asked what document initiated the process, Reuveni admitted, “I do not have that order. It is not in the record.”
The judge said the U.S.-El Salvador agreement suggested that it was indeed possible for Abrego Garcia to be returned.
Abrego Garcia was previously detained and questioned about alleged links to the MS-13 gang in New York.
However, in his 2019 immigration hearing, the only evidence presented was testimony from a confidential informant. The judge did not find any proof of gang involvement and issued an order that barred his removal to El Salvador.
Since then, Abrego Garcia had been living in Prince George’s County, Maryland, and attending required annual ICE check-ins—the last of which occurred in January 2025.
Judge Xinis pointed out that the 2019 immigration judge never ruled that Abrego Garcia was a gang member, as no formal charges or indictments were ever brought against him.
The mistaken deportation has triggered widespread criticism from Maryland leaders.
Baltimore Mayor Brandon Scott called the situation unacceptable. “Everyone—Republican or Democrat—should be alarmed that people who were not supposed to be deported were put on planes and sent out of the country anyway,” he said.
Maryland Governor Wes Moore also condemned the federal government’s handling of the case. “No one should be deported to a country where a judge has found they would face persecution,” Moore wrote on social media.
“It’s outrageous that due process means nothing to the federal administration.”
Jennifer Abrego Garcia told CBS News she fears for her husband’s safety. “He’s not a criminal,” she said. “My husband is an amazing person and an amazing father.”
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