The Trump administration acknowledged in a court filing Monday that it had grabbed a Maryland father with protected legal status and mistakenly deported him to El Salvador, but said that U.S. courts lack jurisdiction to order his return from the megaprison where he’s now locked up.
The case appears to be the first time the Trump administration has admitted to errors when it sent three planeloads of Salvadoran and Venezuelan deportees to El Salvador’s grim “Terrorism Confinement Center” on March 15. Attorneys for several Venezuelan deportees have said that the Trump administration falsely labeled their clients as gang members because of their tattoos. Trump officials have disputed those claims.
But in Monday’s court filing, attorneys for the government admitted that the Salvadoran man, Kilmar Abrego Garcia, had been deported accidentally. “Although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error,” the government told the court. Trump lawyers said the court has no ability to bring Abrego Garcia back now that he is in Salvadoran custody.
Simon Sandoval-Moshenberg, Abrego Garcia’s attorney, said he’s never seen a case in which the government knowingly deported someone who had already received protected legal status from an immigration judge. He is asking the court to order the Trump administration to ask for Abrego Garcia’s return and, if necessary, to withhold payment to the Salvadoran government, which says it’s charging the United States $6 million a year to jail U.S. deportees.
Trump administration attorneys told the court to dismiss the request on multiple grounds, including that Trump’s “primacy in foreign affairs” outweighs the interests of Abrego Garcia and his family.
“They claim that the court is powerless to order any relief,’’ Sandoval-Moshenberg told me. “If that’s true, the immigration laws are meaningless—all of them—because the government can deport whoever they want, wherever they want, whenever they want, and no court can do anything about it once it’s done.”
Court filings show that Abrego Garcia came to the United States at age 16 in 2011 after fleeing gang threats in h
8 Comments
nielsbot
Well, what did you expect? And what happened to "we're deporting criminals"? Not only are they deporting non-criminals, they're sending them to a prison camp in El Salvador! That's not deportation!
This is exactly why we have the due process this administration is intent on violating. How soon until we start snatching up citizens in the same way?
maeil
Looking forward to see the next non-Trump administration (not that there will be one while he's alive) send him to an Iranian prison due to an "Administrative Error" due to forgetting his "protected status".
mitchbob
https://archive.ph/LGs2Z
quelsolaar
As a foreigner to the US, this gives you real pause about working or even visiting the US, even if you have all your papers in order. I guess that's the point.
Scipio_Afri
"He is asking the court to order the Trump administration to ask for Abrego Garcia’s return and, if necessary, to withhold payment to the Salvadoran government, which says it’s charging the United States $6 million a year to jail U.S. deportees."
$6 MILLION A YEAR?! For how many deportees?
>Abrego Garcia’s family has had no contact with him since he was sent to the megaprison in El Salvador, known as the CECOT. His wife spotted her husband in news photographs released by Salvadoran President Nayib Bukele on the morning of March 16, after a U.S. District Judge had told the Trump administration to halt the flights.
>“Oopsie,” Bukele wrote on social media, taunting the judge.
The El Salvadoran president sounds more like a dictatorial sociopath..
fjfaase
That Trump and Musk have not been arrested yet, or at least impeached, for grossly violating the constitution shows that the USA has turned into a fascist state by the congress and the senate.
angryantant
@dang, hn should seriously consider disabling flagging, the "I'm comfortable with the nazi crowd" is, I'm sure, a minority
perihelions
Gift link,
https://www.theatlantic.com/politics/archive/2025/03/an-admi…