A U.S. district judge has ruled that the Trump administration must return Kilmar Abrego Garcia—a Salvadoran migrant legally residing in Maryland with a work permit—back to the United States within three days.
The decision, handed down by Judge Paula Xinis in a Greenbelt court, marks the latest legal setback for the administration’s hardline deportation policies.
Abrego Garcia was deported in error as part of three planeloads of migrants removed last month over alleged ties to violent gangs. Despite a judicial order from October 2019 granting him protection from deportation, he was mistakenly included on a flight bound for El Salvador. Abrego Garcia’s legal team, which also represents his wife and five-year-old child—both U.S. citizens—argues that the government must rectify the mistake promptly. “They put him there, they can bring him back,” said Andrew Rossman, a lawyer with Quinn Emanuel, in a statement.
After questioning government attorneys, Judge Xinis ordered that steps be taken to bring Abrego Garcia back to the U.S. by April 7. The Justice Department indicated it would appeal the ruling to the Fourth U.S. Circuit Court of Appeals in Richmond.
Government lawyer Erez Reuveni conceded that Abrego Garcia should not have been removed, stating, “That is not in dispute.” In an unusual exchange during the hearing, Reuveni admitted that he had asked U.S. officials why the government could not facilitate the migrant’s return, receiving no satisfactory answer—a gap that the judge’s ruling seeks to address.
White House Press Secretary Karoline Leavitt, however, contended that Judge Xinis lacks jurisdiction over El Salvador and suggested that the judge should coordinate with President Nayib Bukele. The Trump administration has argued that it does not possess the legal authority to return Abrego Garcia, a point that his attorneys strongly dispute.
The case has become a flashpoint in the administration’s broader immigration enforcement campaign, which has seen the deployment of military troops to the U.S. border and the reassignment of federal agents amid increased deportation efforts. Critics have long warned that the administration’s aggressive policies risk undermining legal protections for migrants and sparking constitutional challenges.
As the legal battle continues, Abrego Garcia’s case underscores the mounting controversy over U.S. immigration practices and the ongoing debate over the balance between national security and individual rights.
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