A U.S. federal judge has ordered the Biden administration to return Kilmar Abrego Garcia, a legally residing Salvadoran migrant, to the U.S. within three days after he was mistakenly deported to El Salvador. The deportation occurred despite Abrego Garcia having a valid work permit and a 2019 court order protecting him from removal.
The U.S. government admitted the deportation was an error but argued it lacked the legal authority to bring him back. His legal team, including attorneys from Quinn Emanuel, countered that the government is responsible for correcting its own mistake. U.S. District Judge Paula Xinis sided with Abrego Garcia, issuing a Friday ruling mandating his return by Monday.
Following the order, the Justice Department filed an appeal with the 4th U.S. Circuit Court of Appeals and labeled the judge’s decision “indefensible.” White House Press Secretary Karoline Leavitt claimed the U.S. lacks jurisdiction in El Salvador, suggesting Judge Xinis contact Salvadoran President Nayib Bukele directly.
Government attorney Erez Reuveni admitted there was no legal basis for the deportation but was unable to explain why the government couldn’t reverse it. Reuveni was later placed on indefinite leave, reportedly for failing to “zealously advocate” for the administration’s position.
Abrego Garcia was mistakenly placed on a deportation flight with alleged gang members on March 15. He has denied affiliation with MS-13, a claim ICE questioned during his March 12 arrest. His lawyers argue the government has taken no action to correct the mistake. His wife and child, both U.S. citizens, remain in Maryland.
The case highlights growing legal challenges to the administration’s aggressive immigration enforcement policies, including the controversial use of the 1798 Alien Enemies Act to expedite deportations.