A Maryland man ended up in El Salvadorโs most feared prison after U.S. immigration officers sent him out of the country by mistake. Officials now admit it never should have happened.
Kilmer Armado Abrego-Garcia, a man with no criminal ties and a family in the U.S., was deported to El Salvador on March 15. He now sits inside CECOT, one of the worldโs harshest prisons.
Legal Status Ignored During Arrest
Abrego-Garcia lived in the U.S. under legal protection. He is married to a U.S. citizen and is the father of a 5-year-old child. According to court documents, he had already received a decision from an immigration judge in 2019 that protected him from removal to El Salvador.
Despite that ruling, ICE agents stopped him earlier this month. They claimed his status had changed. Without warning, they detained him and placed him on a deportation flight.
ICE Official Takes Responsibility
On Monday, ICE acting field office director Robert Cerna admitted the mistake. In a sworn statement, he said, โThis removal was an error.โ He blamed the deportation on outdated records and a prior claim that linked Abrego-Garcia to MS-13.
Although a confidential informant once said he was part of the gang, no charges followed. His attorneys say he never had any gang connections, and ICE has never offered proof.
Court Barred His RemovalโBut He Was Sent Anyway
Years ago, a U.S. immigration judge ruled that Abrego-Garcia could not be deported to El Salvador due to safety concerns. However, ICE carried out the removal anyway, citing a supposed shift in his status.
His legal team argues that ICE ignored the original decision and violated his rights. They now want the U.S. and El Salvador to return him immediately.
CECOT Known for Brutality and Mass Detentions
Now, Abrego-Garcia sits in CECOT, El Salvadorโs notorious โmega prison.โ The facility holds thousands of men accused of gang involvement, often without trial. Human rights groups have raised alarms about inhumane conditions and torture.
Lawyers warn that Abrego-Garcia does not belong there and faces real danger.
DOJ Refuses to Intervene
The Justice Department pushed back in court filings. Acting Assistant Attorney General Yaakov Roth argued that the court lacks jurisdiction. He claimed that U.S. law doesnโt allow federal courts to order the return of someone already removed.
Even though ICE officials admitted the mistake, the government maintains that Abrego-Garcia had a chance to defend himself. โHe had a full opportunity to present evidence,โ Roth stated.
White House Silent, VP Vance Defends Deportation
So far, the Biden administration has stayed quiet. Meanwhile, Vice President JD Vance chimed in on social media. He called Abrego-Garcia a โconvicted MS-13 gang memberโ and claimed he had โno legal rightโ to stay in the U.S.
Vance didnโt mention that Abrego-Garcia has no convictions and never faced charges.
His attorneys blasted the statement. They said Vance was spreading misinformation and putting a law-abiding father at further risk.
Lawyers Urge Diplomatic Pressure on El Salvador
With legal options running out, Abrego-Garciaโs lawyers are urging the U.S. government to pressure El Salvador through diplomacy. They say the courtโs hands may be tied, but officials still have influence.
Theyโre also warning that his life may be in danger every day he remains in CECOT.
Despite Rothโs claim that thereโs no proof he will be harmed, prison reports suggest otherwise. Many detainees have suffered abuse, especially those mistakenly labeled as gang members.
A Case of Good Faith Gone Bad
ICE officials insist the deportation wasnโt intentional. Cerna claimed that agents acted in โgood faithโ based on existing records and an old removal order. But critics say โgood faithโ doesnโt excuse reckless mistakes that endanger lives.
They argue that if the government knew of the error, it should act fast to fix it.
Abrego-Garciaโs family remains in the U.S., hoping for his return. His child, just five years old, still asks for their father.
