(WASHINGTON) — A federal judge is hearing arguments Friday in the case of a Maryland man with protected legal status who was sent to the notorious CECOT prison in El Salvador following an “administrative error” by the Trump administration.
The government has acknowledged the error but said in a court filing that because Kilmar Armando Abrego Garcia is no longer in U.S. custody, the court cannot order him to be returned to the U.S., nor can the court order El Salvador to return him.
Last month, Abrego Garcia, who has a U.S. citizen wife and 5-year-old child, was stopped by ICE officers who “informed him that his immigration status had changed,” according to his attorneys. He was detained and then transferred to a detention center in Texas, after which he was sent to El Salvador’s notorious CECOT prison, along with more than 200 alleged Venezuelan gang members, on March 15.
Abrego Garcia entered the United States in 2011 when he was 16 to escape gang violence in El Salvador, according to his lawyers. His attorneys say that in 2019, a confidential informant “had advised that Abrego Garcia was an active member” of the gang MS-13. Abrego Garcia later filed an I-589 application for asylum, and although he was found removable, an immigration judge “granted him withholding of removal to El Salvador.”
Abrego Garcia’s attorneys said that he “is not a member of or has no affiliation with Tren de Aragua, MS-13, or any other criminal or street gang” and said that the U.S. government “has never produced an iota of evidence to support this unfounded accusation.”
On Tuesday, White House Press Secretary Karoline Leavitt — while acknowledging the error — called Abrego Garcia a leader of MS-13.
“The administration maintains the position that this individual who was deported to El Salvador and will not be returning to our country was a member of the brutal and vicious MS-13 gang,” Leavitt said.
Copyright © 2025, ABC Audio. All rights reserved.
