A Maryland man deported to El Salvador faces a legal limbo as officials debate whether he’s a dangerous gang member or victim of a procedural error.
At a Glance
- Kilmar Abrego Garcia was deported to El Salvador in March 2023 despite having protection against removal
- The Department of Justice acknowledged his deportation was an “administrative error”
- Trump administration officials maintain he has MS-13 gang ties and should remain deported
- A federal appeals court ordered his return to the U.S., creating a potential constitutional standoff
- El Salvador’s president claims he lacks authority to return Abrego Garcia to America
Conflicting Narratives in a Complex Case
Kilmar Abrego Garcia, a Salvadoran national who had been living in Maryland, now finds himself imprisoned in El Salvador’s notorious mega-prison following his deportation from the United States in March 2023. The case has become a flashpoint in the immigration debate, with sharply divided opinions about who Garcia really is. Trump administration officials insist he is a dangerous MS-13 gang member, while his attorneys and family maintain he’s a hardworking family man who was wrongfully deported.
The Department of Homeland Security has taken a firm stance on social media, stating, “Abrego Garcia is ‘not a sympathetic figure,'” and adding that he is “not the upstanding ‘Maryland Man’ the media has portrayed him as.” However, an immigration judge had previously granted Abrego Garcia withholding of removal in 2019 due to legitimate fears of persecution if returned to El Salvador.
It's a fact that Kilmar Abrego Garcia was living in the U.S. illegally.
It's also a fact that an immigration judge granted him protective status in 2019 to stay in the U.S.
Before that protective status was given, a confidential informant claimed to the government that Abrego… pic.twitter.com/mmhs1SIIvR
— Taylor Popielarz (@TaylorPopielarz) April 15, 2025
Constitutional Questions and Due Process
The case has evolved beyond a simple immigration matter into a test of executive authority versus judicial oversight. The U.S. Court of Appeals for the 4th Circuit emphatically underscored the importance of due process in Abrego Garcia’s case.
The court stated: “The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order.”
The Department of Justice has acknowledged that Abrego Garcia’s deportation resulted from an “administrative error,” yet former ICE Director Tom Homan has publicly stated he would deport Abrego Garcia again if he returns to the United States. This stance directly challenges a federal court order demanding the administration facilitate his return, creating a potential constitutional crisis.
Political and Diplomatic Complications
The case has drawn attention from U.S. lawmakers across party lines. Democratic Senator Chris Van Hollen recently met with Abrego Garcia in El Salvador, while Republican Representative Riley Moore was granted access to the detention facility. Meanwhile, Salvadoran President Nayib Bukele has stated he lacks the authority to return Abrego Garcia to the United States, further complicating potential resolutions.
“He should not be in our country. He was deported. They needed one additional step in paperwork, but now MS-13 is characterized as they should be, as a foreign terrorist organization. So he is not coming back to our country,” stated Attorney General Pam Bondi, reinforcing the administration’s position.
Abrego Garcia’s personal history adds further layers to the case. According to court documents, he fled El Salvador in 2011 after receiving gang threats and established himself in the United States as a sheet metal worker, supporting his family. His arrest in 2019 was based on allegations of gang affiliation supported by his clothing choices and a police informant’s claims—evidence his attorneys strongly dispute.
Legal Next Steps
U.S. District Judge Paula Xinis will soon determine whether to hold the Trump administration in contempt for failing to comply with the order to facilitate Abrego Garcia’s return. Judge J. Harvie Wilkinson of the U.S. Circuit Court has already criticized the government’s actions as failing to provide due process, regardless of the allegations against Abrego Garcia.
The case highlights the tensions between immigration enforcement and constitutional protections, raising important questions about the limits of executive authority in deportation proceedings. As legal battles continue, Abrego Garcia remains detained in El Salvador while his family in Maryland faces ongoing hardship due to his absence.
