A federal judge ruled Friday the U.S. government acted illegally when it deported an MS-13 gang member to El Salvador and ordered that he must be returned to the United States.
“This was an illegal act,” said U.S. District Judge Paula Xinis of Maryland, an Obama appointee. She gave the administration until 11:59 p.m. Monday to free Kilmar Abrego Garcia, a citizen of El Salvador, from the El Salvadoran prison where he is being held, and return him to the United States where he is not a citizen.
Abrego Garcia, 29, was among the hundreds of illegal immigrants—a large percentage of them MS-13 and Venezuela’s Tren de Aragua gang members —expelled from the U.S. to El Salvador last month.
Although the Trump administration acknowledged in court records earlier this week it made an “administrative error” when it deported Garcia without an interview, the fact remains that he has no legal status in the United States.
Garcia crossed the border illegally in 2012 by his own admission, and claimed he had to flee El Salvador as a teenager to escape gang violence when he was detained in 2019. Both the original immigration judge and the Board of Immigration Appeals found there was sufficient evidence that Garcia was a member of MS-13 and, as such, a danger to the public.
According to USA Today, “Garcia was pulled over by federal immigration agents near his home in Beltsville, Maryland, on March 12 and arrested.”
Three days later, he was expelled and sent back to El Salvador even though he had won a court order six years earlier barring his removal.
Abrego Garcia’s wife, Jennifer Vasquez Sura, and their 5-year-old son, who are both U.S. citizens, sued the government demanding his return.
During a hearing on Friday, Xinis ripped into Justice Department lawyers over Abrego Garcia’s arrest and questioned the government’s claim it could not get him back. If federal authorities were able to strike terms and conditions for his placement in El Salvador, “then certainly they have the functional control to unwind the decision – the wrong decision,” she said.
The judge questioned the government’s claim that Abrego Garcia is a member of MS-13.
“In a court of law, when someone is accused in such a violent and predatory organization, it comes in the form of an indictment, complaint, a criminal proceeding that has then a robust process so that we can assess the facts,” she said. “I haven’t heard that from the government.”
In response to the ruling, White House Press Secretary Karoline Leavitt suggested on X that the judge take it up with the president of El Salvador.
“We suggest the Judge contact President @nayibbukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador,” she wrote.
Bukele, meanwhile, responded to the judge’s order on X with a gif of a confused bunny.
Department of Homeland Security Spokeswoman Tricia Ohio told Fox News’ Martha MacCallum Friday that Garcia was “involved in human trafficking.”
“He’s actually a member of MS-13 and was involved in human trafficking,” Ohio insisted, arguing that he needed to be “locked up” either in the U.S. or in El Salvador.
She added that MS-13 “is a gang that rapes, maims, and kills Americans for sport” who “should not be on U.S. soil.”
DHS Secretary Kristi Noem also told Newsmax Friday that Garcia was a “gang member and violent criminal” who didn’t belong in the United States.
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