In a sharply critical opinion, a federal judge in Maryland has condemned the U.S. government’s decision to arrest and deport a Maryland resident, Kilmar Abrego Garcia, to a notorious prison in El Salvador. This action, according to U.S. District Judge Paula Xinis, lacks any legal basis and contradicts a previous barring by an immigration judge. Judge Xinis emphasized that there is insufficient evidence to support the claims that Abrego Garcia was ever affiliated with the MS-13 street gang. More importantly, she highlighted that deporting him to El Salvador, where he risks persecution by local gangs, was explicitly prohibited in 2019.
Judge Xinis was astonished by the government’s justification that they could not bring Abrego Garcia back, citing their position that they are no longer his custodian due to his deportation. She criticized this rationale, describing it as startling because it implies the U.S. government has the power to remove individuals without accountability for their return. Her opinion underscores the practical concern that the U.S. maintained control over his situation and therefore should be able to repatriate him.
The 29-year-old Salvadoran national, who has never faced criminal charges or convictions, had been legally working in the U.S. as a sheet metal apprentice and was pursuing a journeyman license. His legal status was supported by a work permit from the Department of Homeland Security (DHS), and his wife is a U.S. citizen. Despite this, immigration agents detained and deported him.
The White House acknowledged the deportation as an “administrative error,” although it also cited allegations connecting him to MS-13. Abrego Garcia’s attorneys argue that these allegations hold no substantiated evidence. In her ruling, Judge Xinis referenced statements from a now-suspended Justice Department attorney, Erez Reuveni, who conceded that Abrego Garcia’s removal was unjustified and expressed uncertainty about the grounds for his detention.
Reuveni was placed on administrative leave following his remarks. Attorney General Pam Bondi criticized Reuveni’s admission, comparing it to an unprecedented concession incompatible with legal practices in the U.S. Meanwhile, Stacey Young, a former Justice Department lawyer and founder of Justice Connection, defended Reuveni’s record. She advocated for the integrity of Justice Department lawyers like Reuveni, who prioritize ethical duty over political pressures.
The Justice Department has sought to halt Judge Xinis’s ruling through appeal to the 4th U.S. Circuit Court of Appeals. As this case develops, it continues to draw attention to the complex dynamics and ethical obligations within the U.S. justice system and immigration policies.