Deported by mistake, protected by law: Why hasn’t Kilmar Abrego Garcia been brought back to the US yet?

Kilmar Abrego Garcia, a Salvadoran man who lived in the United States for nearly 14 years and had built a life with his wife and three children in Maryland, was recently deported in error by the US government — a move that has sparked outrage, drawn judicial scrutiny, and prompted direct intervention by the US Supreme Court.

The high court has now directed the Trump administration to assist in Abrego Garcia’s return to the United States, dismissing claims from the White House that it was unable to do so.

The administration admitted the deportation was an “administrative error,” yet simultaneously continued to assert that Abrego Garcia had gang affiliations, specifically with MS-13 — an allegation he has consistently denied and which has never resulted in criminal charges.

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A life built in the US, a threat left behind in El Salvador

Originally from San Salvador, El Salvador, Abrego Garcia fled to the US in 2011 at the age of 16, escaping persistent gang threats. His family had operated a local food business, “Pupuseria Cecilia,” named after his mother, until it became a target for extortion by the Barrio 18 gang.

According to court records, the gang demanded payments and issued violent threats, including one against his older brother Cesar, who was ultimately sent to the United States for his safety. Abrego Garcia faced similar threats at the age of 12 and was later sent to the US as well.

Once in the United States, Abrego Garcia joined his brother in Maryland and took up construction work. In 2018, he moved in with his partner, Jennifer Vasquez Sura, a US citizen, after learning she was pregnant.

The couple later married while he was in detention. They now raise three children together, including a 5-year-old son who is non-verbal, autistic, and deaf in one ear, a 9-year-old child with autism, and a 10-year-old with epilepsy.

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Abrego Garcia had been granted protection from deportation by an immigration judge in 2019, who determined he would likely face persecution by local gangs if sent back to El Salvador.

This ruling provided him with the legal basis to remain in the US, and he received work permits, checked in regularly with ICE, joined a union, and secured full-time employment as a sheet metal apprentice.

Abrego Garcia’s arrest, detention and deportation

Abrego Garcia’s legal turmoil began in 2019 when he was arrested outside a Home Depot by local police who asked if he was affiliated with a gang. He denied any such ties.

Despite never being charged with a crime, ICE detained him based on claims from a confidential informant, who alleged he was a member of an MS-13 chapter in New York — a place where he had never lived.

Based on this assertion, an immigration judge initially ordered his detention, citing the informant as credible.

Although his asylum application was denied, he was granted protection from deportation due to a “well-founded fear” of gang violence in his home country. ICE chose not to appeal that decision, and Abrego Garcia was released.

However, on March 12 of this year, in the wake of the Trump administration’s classification of MS-13 as a foreign terrorist organisation, Abrego Garcia was detained again .

He had just left an Ikea store in Baltimore with his son when ICE agents took him into custody. His wife received a call with a 10-minute ultimatum: retrieve their child or risk child protective services taking custody.

In custody, Abrego Garcia was reportedly questioned about various benign aspects of his life, such as a photo showing him playing basketball in public and his family’s visits to a local restaurant.

According to court records, “He would repeat the truth again and again — that he was not in a gang,” Vasquez Sura stated.

Judicial pressure mounts

US District Judge Paula Xinis has taken a firm stance against the deportation, labelling it an “illegal act.” On April 7, she set a midnight deadline for Abrego Garcia’s return and demanded the administration produce a sworn statement detailing what actions had been taken to comply.

However, the US Department of Justice appealed both to the federal appellate court in Richmond and subsequently to the Supreme Court, which agreed to intervene.

While the high court upheld Xinis’ directive, it did not specify a deadline for the return. Instead, it asked the lower court to clarify the order while respecting executive authority in foreign affairs.

In response, Xinis reiterated her demand that the administration “take all available steps to facilitate” Abrego Garcia’s return.

She also mandated that officials provide daily updates, each in the form of a sworn statement by someone with direct knowledge of the situation.

These updates must detail:

• Abrego Garcia’s current physical location and custodial status

• What steps, if any, have been taken to secure his return

• What further actions are planned, and their timeline

“There is no evidence today as to where he is today,” Xinis said during the proceedings. “That is extremely troubling.”

When US Department of Justice attorney Drew Ensign failed to answer her questions or meet the deadlines, Xinis remarked, “The record as it stands … is your clients have done nothing to facilitate the return of Mr. Abrego Garcia.” She warned the administration against stalling, stating, “We’re not going to slow walk this.”

The judge has left open the possibility of taking stronger legal action should the administration continue to delay. She also encouraged Abrego Garcia’s lawyers to report any ongoing harm or request further relief as needed.

What Trump has said

US President Donald Trump, speaking aboard Air Force One, appeared unaware of the case’s specifics but stated he would comply if the Supreme Court ordered Abrego Garcia’s return.

“If the Supreme Court said bring somebody back, I would do that. I respect the Supreme Court,” he said. He clarified, “I’m not talking about the lower court. I have great respect for the Supreme Court.”

These remarks were at odds with the US Justice Department’s position in court earlier that same day. Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, criticised the administration’s approach: “It is quite clear that the government, and I hate to use these words, is playing a game with their lawyers.”

He also took issue with the government sending representatives to court without the required knowledge. “They clearly didn’t comply,” he told the judge, in reference to the court’s earlier order.

Following the hearing, the previous DOJ attorney assigned to the case, Erez Reuveni, was reportedly placed on administrative leave after expressing his inability to provide the court with key information.

Although the US Supreme Court has mandated that the administration facilitate Abrego Garcia’s return , no specific timeline has been set. Meanwhile, Abrego Garcia’s exact location remains uncertain. He was last identified in a photo taken during intake at El Salvador’s CECOT mega-prison.

With inputs from agencies