Trump administration has admitted to the wrongful deportation of Maryland’s Kilmar Armando Abrego Garcia, alleging an administrative mistake.
Mr. Abrego Garcia was arrested on March 12, 2025, in Baltimore and then deported to El Salvador’s maximum security prison, Terrorism Confinement Center (CECOT).
Journey to Legal Status
In 2011, Mr. Abrego Garcia left El Salvador and illegally entered the United States to join his citizen brother out of fear of gang violence in his home country. He later married a U.S. citizen with whom he had a child. In 2019, he was wrongfully questioned by county police regarding his affiliation with the MS-13 gang which he denied and in turn, was turned over to ICE.
At this time, ICE cited evidence of gang affiliation as Mr. Abrego Garcia’s Chicago Bulls hat and hoodie and an alleged confidential statement from an informant that Mr. Abrego Garcia’ belonged to Long Island’s MS-13. Mr. Abrego Garcia has refuted this claim as he had never resided in Long Island and applied for asylum.
In October of 2019, his asylum application was denied by a judge, but he was granted withholding of removal, a legal protection from deportation. The Board of Immigration Appeals upheld this decision.
In the years since, Mr. Abrego Garcia has abided by the terms of his legal status, having not been convicted of any crimes and checking in with ICE yearly.
ICE’s Mistake
The Trump administration has admitted to the fact that ICE “was aware of his protection from removal to El Salvador” at the time of deportation but proceeded due to “an administrative error.” ICE has advised that this was “an oversight” and “carried out in good faith based on the existence of a final order of removal and Abrego-Garcia’s purported membership in MS-13.”
They have pled to the court to override Mr. Abrego Garcia’s return to the U.S. on the grounds that his gang affiliations poses a threat the community. The administration also argues that U.S. courts no longer have jurisdiction over this case. Vice president JD Vance echoed this sentiment on X where he posted a screenshot of Mr. Abrego Garcia’s 2019 bond proceeding, calling the Maryland man a gang member. Mr. Abrego Garcia’s lawyer maintains that he has never been affiliated with MS-13 or any other gang and has not been shown any evidence tying him to such.
Advocates fear that Mr. Abrego Garcia and others are being denied due process in President Trump’s mass deportation efforts.
The federal district court in Maryland will hear this case on April 4, 2025.
Protection Under Trump’s Deportation Plans
President Trump has and continues to express his aggressive approach to immigration, unveiling several regulations that threaten migrants’ ability to remain in the U.S., regardless of legal status. With local authorities now permitted to cooperate with ICE, it is of the utmost importance that migrants understand their rights, including the ability to remain silent and refuse a search unless a warrant is in place.
We highly encourage you to retain an immigration attorney to advise you on available pathways to secure your safety in the United States, whether it be through a green card or family-based visas.
Our deportation attorneys are prepared to do everything in our power to fight for your rights to remain in the U.S. Contact our offices today to speak with a deportation defense lawyer regarding your specific concerns.
