The Trump administration has acknowledged the wrongful deportation of Kilmar Abrego Garcia to El Salvador, admitting it was “an error” after a court determined he had a legitimate fear of persecution in his home country.
In a statement to a federal judge, a high-ranking Immigration and Customs Enforcement official wrote, “This removal was an error,” marking a rare admission of a mistaken deportation by the administration.
Despite acknowledging the error, the Department of Justice maintains that courts lack the authority to order Abrego Garcia’s return, arguing they cannot compel El Salvador to facilitate his reentry to the United States.
The case stems from an immigration judge’s 2019 determination that Abrego Garcia was likely affiliated with MS-13, based on information from a confidential informant. However, the court also found his fear of persecution in El Salvador to be credible, leading to his release from custody before the erroneous deportation.
The deportation occurred during a series of flights that removed over 100 Venezuelans and others with alleged gang connections. A federal judge has since halted further removals under the Alien Enemies Act while proceedings continue.
Vice President JD Vance responded to criticism by suggesting Abrego Garcia was a “convicted MS-13 gang member,” though court documents only indicated he was deemed a likely member based on a confidential informant’s testimony.
The case has sparked debate over judicial authority in immigration matters, with critics arguing that the administration’s position undermines courts’ ability to rectify wrongful deportations. Legal experts are closely watching the proceedings as they may set precedent for future cases involving erroneous removals.
As the legal battle continues, questions remain about the available recourse for wrongfully deported individuals and the extent of judicial power in ensuring justice in immigration cases.