In a dramatic and rare courtroom decision, a federal judge has ordered the Trump administration to bring back Kilmar Abrego Garcia, a Maryland resident, who was illegally deported to El Salvador despite a court ruling that clearly blocked his removal.
The decision came on Friday, as U.S. District Judge Paula Xinis said the deportation was a direct violation of federal law. She ordered Abrego Garcia’s return by midnight Monday, calling the government’s actions “an illegal act.”
Why Was Abrego Garcia Deported?
Abrego Garcia, who has lived in the U.S. since 2012, was detained in 2019 after authorities labeled him a possible member of the MS-13 gang, based on an informant’s claim. However, he denied the accusations and said he fled El Salvador to escape gang violence after they tried to force him to join and began threatening his family.
Though a judge rejected his asylum request for being filed too late, the same judge ruled that he should not be deported due to a credible fear of persecution. That legal protection was still active when he was unexpectedly deported on March 15, 2025.
Judge Xinis: “You Can’t Do This, and You Did It Anyway”
During a tense courtroom session, Judge Xinis scolded the government’s legal team for defying clear law. She said no evidence was shown to support claims that Abrego Garcia was a gang member.
“That’s just chatter,” she said. “In a court of law, accusations must be backed by proper evidence, not just claims.”
She also said the U.S. could—and should—work to bring him back since they are funding the Salvadoran facility where he’s being held.
A Frustrated Government Lawyer
Erez Reuveni, the lawyer representing the government, admitted he had no clear answers about how or why the deportation was allowed. He even asked the judge for one more day to try to convince his clients to fix the mistake, but the judge refused to delay.
He also said he received no satisfying explanation when he questioned whether the U.S. could ask for Garcia’s return.
“I am also frustrated that I have no answer for you on a lot of these questions,” Reuveni told the judge.
Protest and Public Support
Outside the Greenbelt, Maryland, courthouse, scores of supporters gathered in protest and cheered when the judge announced the order. Many had followed the case closely after the Justice Department admitted Garcia was wrongly deported, even though he had a legal order protecting him from removal.
White House and GOP Reaction
Karoline Leavitt, Trump’s press secretary, dismissed the judge’s ruling, saying the U.S. court doesn’t have authority over El Salvador. Earlier, she called Garcia a member of a “brutal and vicious gang” and claimed he would not be returning to the U.S.
But critics argue those accusations were not proven in court. Judge Xinis herself pointed out there was no indictment or criminal charge ever filed against Garcia.
Can the U.S. Bring Him Back?
Judge Xinis said that since the U.S. is paying $6 million to house prisoners in a Salvadoran facility, they likely have influence and the ability to request Garcia’s return. Homeland Security Secretary Kristi Noem was even recently allowed to visit that same prison—showing the U.S. does have access.
“This clearly shows they have the power to get him out if they want to,” said Garcia’s lawyer, Simon Sandoval-Moshenberg.