ICE Wrongfully Deports Maryland Father

The United States Immigration and Customs Enforcement (ICE) has acknowledged an “administrative error” that resulted in the wrongful deportation of a Maryland father to a prison in El Salvador, according to a recent court filing.

Despite this admission, the Trump administration argues that U.S. federal courts lack the authority to mandate his return.

Kilmar Armando Abrego Garcia, a Salvadoran resident of Beltsville, Maryland, was deported on March 15, despite receiving formal protection from an immigration judge six years ago. He lived in the U.S. with his spouse, a U.S. citizen, and their five-year-old special needs child.

Abrego Garcia was among passengers on three deportation flights primarily carrying Venezuelans sent to El Salvador as part of the Trump administration’s immigration crackdown. (ICE records incorrectly listed his first name as “Kilmer,” but his attorney confirmed the correct spelling.)

ICE officers detained Abrego Garcia on March 12 while he was driving with his son. According to a court filing, they handcuffed him and instructed his wife to pick up their child to prevent him from being taken into the custody of Child Protective Services.

Agents informed Abrego Garcia, who had been granted “withholding of removal” in 2019, that “his status had changed,” his attorneys claim. Withholding of removal, a legal protection granted by an immigration judge, requires applicants to prove they are more likely than not to face persecution if deported. This status is distinct from asylum, which offers a pathway to citizenship but must be applied for within a year of arrival in the U.S.

Abrego Garcia’s legal troubles began in March 2019 when local police arrested him outside a Home Depot while he was searching for work. He was subsequently handed over to ICE due to allegations of MS-13 gang affiliation. The following month, an immigration judge declined to release him on bond, citing flight risk concerns and labeling him a “verified gang member.”

However, Abrego Garcia maintains that he was wrongfully implicated in a murder investigation simply for being in the vicinity of the Home Depot. A search of Maryland court records found no criminal cases associated with his name. His attorney asserts that he has “no affiliation” with any gang and that the U.S. government has never presented evidence to substantiate the allegations against him.

Salvadoran President Nayib Bukele has led a sweeping crackdown on gang activity, a campaign that has earned widespread public support but has also raised concerns over civil liberties. His administration has detained tens of thousands of individuals in the Terrorism Confinement Center (CECOT), including certain deportees from the United States.

Abrego Garcia’s permission to stay in the U.S. was granted based on threats of persecution by Salvadoran gangs.

Requests for comment from ICE, the White House, Maryland Governor Wes Moore, and State Attorney General Anthony Brown have not yet been answered.