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Norms Impact

Trump admin accidentally sent man to Salvadorian prison and can’t get him back

A federal agency admits a protected resident was deported by “administrative error,” then claims courts are powerless to compel the government to fix what it unlawfully set in motion.

Judiciary

Apr 1, 2025

Sources

Summary

ICE admitted it removed Kilmar Armando Abrego Garcia to El Salvador’s CECOT prison despite being aware he had protection barring removal to El Salvador, citing an administrative error. The administration is arguing in Maryland federal court that once it has put a person outside U.S. custody, U.S. courts lack jurisdiction to order steps to undo the removal. The practical result is a government-acknowledged wrongful deportation that the administration claims is effectively beyond judicial remedy.

Reality Check

This conduct normalizes a government playbook where the executive can nullify court-protected status by physically exporting a person and then arguing our judges are sidelined, leaving citizens and residents with rights that vanish at the tarmac. On these facts—knowing removal protection existed, removal nonetheless executed, and a refusal to seek return—the exposure is less about a paperwork mistake and more about deliberate indifference to lawful process; it implicates constitutional due process and risks civil-rights liability, even if criminal intent under federal kidnapping or deprivation-of-rights statutes (18 U.S.C. §§ 241–242) would turn on proof of willfulness. When the government concedes error yet asserts no remedy because custody ended, it teaches every agency that unlawful removals can be made irreversible by speed, secrecy, and foreign detention—an abuse-of-power precedent that erodes judicial review and our ability to hold the state accountable.

Detail

<p>In a Monday filing in Maryland federal court, ICE stated that on March 15 it removed Kilmar Armando Abrego Garcia to El Salvador “because of an administrative error,” even though ICE “was aware of his protection from removal to El Salvador.” Abrego Garcia had received withholding from removal after removal proceedings that began in 2019; the government did not appeal that decision. His family filed suit seeking orders barring the U.S. from paying El Salvador for his detention and requiring the federal government to request his return to the United States.</p><p>The administration argues a U.S. court lacks jurisdiction to issue orders regarding detention and release because Abrego Garcia is no longer in U.S. custody. DHS Assistant Secretary Tricia McLaughlin asserted he is an MS-13 member and said DHS has intelligence reports alleging human trafficking; his lawyers dispute gang ties and note no charges resulted from a 2019 arrest. The removal placed him in CECOT, a facility also used for March 15 removals of hundreds of Venezuelans under the Alien Enemies Act.</p>