- ICE admitted administrative error in deporting US resident Kilmar Abrego Garcia
- 2019 court order prohibited deportation due to safety concerns in El Salvador
- Government claims gang ties without presenting evidence to immigration courts
- Case highlights erosion of judicial authority in deportation proceedings
- 5-year-old US citizen child remains separated from father
The Trump administration faces mounting criticism after Immigration and Customs Enforcement (ICE) deported a Maryland man to El Salvador's maximum-security prison despite explicit legal protections. Kilmar Armando Abrego Garcia, whose wife and child are US citizens, now languishes in CECOT facility - a prison housing international gang members - following what officials describe as an administrative error.
Legal experts warn this case sets dangerous precedent for immigration enforcement overreach. When courts issue protective orders, they expect federal agencies to comply,said Georgetown Law professor Laila Haddad. Circumventing judicial decisions creates parallel systems of justice for non-citizens.
The controversy stems from conflicting interpretations of Abrego Garcia's 2019 asylum proceedings. While an immigration judge granted withholding of removal to El Salvador, ICE agents reinterpreted this as deportation authorization during February 2025 enforcement actions. Agency officials maintain the 38-year-old landscaper represents public safety concerns, though no criminal charges appear in court records.
This pattern reflects broader Trump administration immigration strategies according to Syracuse University's Transactional Records Access Clearinghouse. Their March 2025 report shows 73% increase in deportation orders overriding previous court protections compared to 2020 figures. Central American nationals account for 68% of these cases.
Simon Sandoval-Moshenberg, Abrego Garcia's attorney, argues the government's post-deportation justification relies on discredited informants. They recycled decade-old allegations from anonymous sources the judge already deemed unreliable,he stated. Now they're using prison transfers as political theater ahead of elections.
The Salvadoran government's recent publicity of US deportation flights adds complexity. March 16 photos showed Abrego Garcia shackled alongside alleged Tren de Aragua members - a Venezuelan gang with no proven connection to his case. Human Rights Watch condemned these guilt by transportationdisplays as violations of due process.
With Abrego Garcia's preliminary injunction hearing approaching, advocates emphasize the human cost. His wife Maribel testified to Congress last week: They took my husband during a traffic stop and won't explain how. Our daughter keeps asking when Daddy's coming home from his trip.