Maryland Man Illegally Deported to El Salvadorian Prison
- Haley Brown
- 21 hours ago
- 4 min read
BY: HALEY BROWN/STAFF WRITER
Kilmar Ábrego García, a 29-year-old Maryland resident, has become the focal point of a legal and political storm after he was mistakenly deported to El Salvador, despite a court order explicitly protecting him from such an outcome. His case has emerged as a key battleground in the ongoing clash between the judiciary and Donald Trump’s administration over the limits of executive authority in immigration enforcement.
Ábrego García’s deportation, and the administration’s refusal to bring him back, has raised alarm bells among legal scholars, human rights advocates, and even some elected officials. The episode is widely seen as a test case for how far the executive branch can go in ignoring judicial orders—especially as Trump doubles down on mass deportation initiatives during his current term. Originally from El Salvador, Ábrego García fled the country as a teenager in 2011, seeking refuge from violent threats posed by local gangs.
Like many others escaping instability in Central America, he entered the United States without legal documentation. Over time, he built a life in Maryland, where he lived with his wife, a U.S. citizen, and their blended family, including their son and her two children from a previous relationship.
In 2019, he was briefly detained by police in Maryland while leaving a Home Depot with a group of men. He was questioned about a murder but was never charged, and he denied having any connection to gangs. Nonetheless, Immigration and Customs Enforcement (ICE) flagged him for removal proceedings, citing a confidential informant who alleged he was affiliated with MS-13 based on vague criteria, including his clothing and supposed ties to New York, a state where he has never lived.
Despite these claims, a U.S. immigration judge ruled in 2019 that Ábrego García could not be deported to El Salvador due to the risk of persecution. ICE did not appeal the ruling, and he was allowed to remain in the country with work authorization. On March 12, 2025, Ábrego García was abruptly detained again by ICE.
Just three days later, on March 15, he was placed on a deportation flight to El Salvador, one of several expedited removal flights targeting individuals the administration labeled gang-affiliated. This included Venezuelans, the government claimed were linked to organized crime.
The deportation took place despite the existing judicial ruling protecting him from being returned to El Salvador. U.S. authorities have since acknowledged the deportation was due to an “administrative error,” but they have made no attempt to reverse it. García is now imprisoned in the Centro de Confinamiento del Terrorismo (CECOT), a highly controversial mega-prison in El Salvador known for its overcrowded and brutal conditions. The U.S. government currently pays the Salvadoran government $6 million annually to detain individuals at CECOT as part of its international anti-gang efforts.
His wife, Jennifer Vásquez Sura, has not spoken to him since his deportation. On April 4, U.S. District Judge Paula Xinis ordered the administration to “facilitate and effectuate” Ábrego García’s return. The Supreme Court unanimously upheld the core of this directive on April 10, emphasizing that the federal government must work to restore his legal status and make efforts to bring him back.
However, the high court flagged concerns about the use of the word “effectuate,” questioning whether it overstepped judicial authority in foreign affairs. Judge Xinis has since clarified the order but criticized the administration for failing to act. As of her latest ruling, she has given the Justice Department two weeks to detail efforts to return Ábrego García to U.S. soil.
Despite these judicial interventions, the Trump administration has dug in its heels. It argues that since García is no longer on U.S. soil, he is outside the jurisdiction of American courts. Justice Department officials claim their responsibility extends only to providing transport if El Salvador agrees to release him.
The White House continues to label García an MS-13 gang member, despite no formal charges or convictions, and despite the previous immigration court ruling barring his deportation. Attorney General Pam Bondi has maintained that the administration’s only obligation is to provide a plane for his return if the Salvadoran government agrees to release him.
The administration’s claim that the situation falls under the domain of “foreign relations” has been heavily criticized, particularly in light of the fact that the U.S. is financially supporting the very prison Ábrego García is detained. His legal team argues there is zero credible evidence linking him to any gang activity, with the allegations hinging entirely on a confidential informant’s unverified claim from 2019. His lawyers also stress that he had been living and working legally in Maryland and had no criminal record.
Support has also come from elected officials. Senator Chris Van Hollen of Maryland has attempted to visit Ábrego García in El Salvador, although the Salvadoran government has not granted him access. Van Hollen described the deportation as a “gross violation” of constitutional rights, stating, “This is a Maryland man who was unlawfully abducted from his home and thrown into a foreign prison by our own government.”
El Salvador’s President Nayib Bukele has shown little interest in cooperating with U.S. legal demands. During a visit to Washington, Bukele dismissed the idea of returning Ábrego García, calling it “preposterous” and likening it to smuggling a terrorist back into the U.S. He also refused to release him in El Salvador, saying, “I’m not very fond of releasing terrorists into the country.”
Bukele’s comments have sparked further outrage among critics who argue that Ábrego García is being treated as a political pawn in a broader immigration crackdown.
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