 "Kilmar Armando Abrego Garcia, was mistakenly deported to El Salvador by US Immigration and Customs Enforcement (ICE) last month because of an 'administrative error'. File image/ Reuters")
The Trump administration has admitted in a court filing on Monday that it mistakenly deported a Maryland father to El Salvador “because of an administrative error” and now it can’t do anything to get him back.
Despite having legal protection from deportation, Kilmar Armando Abrego Garcia, a Salvadoran immigrant, was abruptly detained by Immigration and Customs Enforcement (ICE) last month and flown to a country he had fled years ago to escape gang violence.
Now, trapped in El Salvador’s high-security “terrorist” prison, his fate remains uncertain, while his family in the US fights to bring him home.
So, how did Abrego Garcia, a lawful resident, married to a US citizen, end up being deported? And what is the US government saying about its error? Here’s a closer look.
Who is Kilmar Abrego Garcia?
Kilmar Armando Abrego Garcia, 29, fled El Salvador in 2011 to escape gang violence, seeking safety in the United States. His attorney, speaking with The Atlantic, said Abrego Garcia had been targeted by gangs who stalked, assaulted, and threatened to kidnap or kill him as part of their extortion tactics.
He entered the US without inspection and eventually settled in Maryland, where he built a life. Working as a sheet metal apprentice, he supported his wife, Jennifer Stefania Vasquez Sura, a US citizen, their 5-year-old son with autism, and her two children from a previous relationship.
In 2019, during Trump’s first term, the government accused him of being an active member of MS-13 , a notorious Salvadoran gang that was officially designated as a terrorist organisation by the State Department in February.
A CNN report, citing court documents, revealed that the Police flagged him as a gang member as he allegedly wore a “Chicago Bulls hat and a hoodie” and also because “a confidential informant advised that he was an active member of MS-13 with the Westerns clique.”
During his 2019 immigration proceedings, his attorney maintained he had no criminal record, ties to the gang, or relation to any criminal group.
An immigration judge later granted him withholding of removal, recognising that deporting him to El Salvador could put his life at risk. While he remained technically removable, his deportation specifically to El Salvador was barred. Notably, the government did not challenge this ruling.
How an ‘administrative error’ landed him in prison
On March 12, Abrego Garcia was arrested by US Immigration and Customs Enforcement (ICE) after finishing a shift at a construction site. The federal law enforcement agency claimed there had been a change in his immigration status, and by Saturday, he was deported to El Salvador.
By Monday, ICE admitted in a Maryland federal court filing that Abrego Garcia had been mistakenly sent to the notorious Terrorism Confinement Center, known as CECOT —a massive prison infamous for its harsh conditions.
CECOT, which some human rights groups have called a “tropical gulag,” is the same facility where the Trump administration had previously sent hundreds of Venezuelans accused of belonging to criminal gangs like Tren de Aragua and MS-13. These deportations were carried out using emergency powers under the wartime Alien Enemies Act, bypassing full court proceedings.
“On March 15, although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error,” the government acknowledged in its filing.
Also read: Trump deported 238 Venezuelans to El Salvador despite pending asylum cases
The admission came in a suit from Abrego Garcia’s family, who is seeking court orders barring the US from paying El Salvador for the man’s detention and demanding that the federal government request the country return him to the United States.
However, Justice Department lawyers stated in court papers that there was little they could do to bring him back. They urged the judge overseeing the case to reject his family’s petition, arguing that the White House had no power to force El Salvador to release him and that US federal courts had no jurisdiction to intervene.
Kilmar’s wife stated that she had not heard from her husband since March 15.
“This has been a nightmare for my family,” Vasquez Sura wrote in her affidavit. “My faith in God carries me, but I am exhausted and heartbroken. My children need their father. I need to know when my husband is coming home,” she pleaded.
How has the Trump administration responded?
Despite the Department of Homeland Security (DHS) admitting the mistake, the Trump administration has stood by its decision, reinforcing its tough stance on immigration.
Vice President JD Vance has been vocal in defending the administration’s actions, taking to social media to justify the deportation. In a post on X early Tuesday, he described Abrego Garcia as a “convicted MS-13 gang member with no legal right to be here.”
“It’s gross to get fired up about gang members getting deported while ignoring citizens they victimise,” Vance wrote.
White House press secretary Karoline Leavitt echoed this sentiment in a press briefing on Tuesday, stating that Abrego Garcia “was a member of the brutal and vicious MS-13 gang” and “will not be returning to our country.” She went even further, claiming he was a leader within the gang and asserting that her statements were based on “facts,” as she had personally reviewed the evidence.
“The individual in question is a member of the brutal MS-13 gang — we have intelligence reports that he is involved in human trafficking,” DHS spokesperson Tricia McLaughlin told CNN. “Whether he is in El Salvador or a detention facility in the US, he should be locked up.”
Government lawyers have also argued against efforts to bring Abrego Garcia back, stating that he has been deemed a danger to the community. According to them, public interest does not support ordering the administration to facilitate his return to the US.
With input from agencies