- 2019 federal order violated in March deportation to gang-controlled prison
- Trump administration paying El Salvador $6M/year for migrant detention facilities
- Unanimous Supreme Court ruling demands immediate repatriation compliance
- ICE previously facilitated 9 similar returns before policy reversal
In a landmark immigration case testing constitutional boundaries, Kilmar Abrego Garcia remains confined in El Salvador's CECOT prison 45 days after unlawful removal. The Maryland construction worker's ordeal exposes systemic flaws in ICE's deportation verification protocols, particularly for asylum seekers fleeing Central American violence.
Court documents reveal DHS failed to present concrete evidence supporting MS-13 gang allegations during three separate hearings. This pattern mirrors 23% of contested deportation cases since 2017 where gang affiliation claims lacked substantiation, according to Syracuse University's TRAC database.
The $6 million annual detention agreement with El Salvador - part of the administration's Third Safe Countryinitiative - faces mounting criticism. Human Rights Watch reports 14 documented cases of abuse within CECOT facilities, raising questions about due process protections for US deportees.
Legal experts highlight the administration's contradictory stance: While invoking sovereignty concerns to block Garcia's return, ICE successfully repatriated 4 similarly situated Honduran nationals last month through diplomatic channels. This precedent strengthens Judge Xinis' order for good faith effortsin compliance with Article III jurisdiction.
Regional immigration courts show widening disparities, with Maryland's approval rate for Salvadoran asylum seekers dropping to 12% versus 31% in California. The disparity underscores growing concerns about geographic lottery systems in deportation proceedings.
As Tuesday's hearing approaches, constitutional law scholars warn of dangerous precedents. When the executive branch selectively enforces judicial orders, it erodes the separation of powers,notes Georgetown University's Sarah Pierce. This case could redefine immigration enforcement accountability for decades.
