Federal Judge Condemns U.S. Deportation of Maryland Man to Notorious Salvadoran Prison
- Victor Nwoko
- Apr 6
- 2 min read
A federal judge has sharply criticized the U.S. government’s decision to deport a Maryland man to a high-security prison in El Salvador, calling the action “wholly lawless” and ordering his return to the United States.
In a legal opinion issued Sunday, U.S. District Judge Paula Xinis said there was little to no evidence supporting a “vague, uncorroborated” claim that Kilmar Abrego Garcia, a 29-year-old Salvadoran national, was a member of the MS-13 gang. She emphasized that in 2019, an immigration judge had explicitly barred the government from deporting Abrego Garcia to El Salvador due to the risk of persecution by local gangs.
“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Xinis wrote.
The judge also expressed alarm at the government’s argument that it could not be forced to return Abrego Garcia because he is no longer in U.S. custody. “They do indeed cling to the stunning proposition that they can forcibly remove any person — migrant and U.S. citizen alike — to prisons outside the United States, and then baldly assert they have no way to effectuate return because they are no longer the ‘custodian,’ and the Court thus lacks jurisdiction,” Xinis wrote. “As a practical matter, the facts say otherwise.”
The Department of Justice has asked the 4th U.S. Circuit Court of Appeals to pause Judge Xinis’ ruling.
Abrego Garcia, who has no criminal record or pending charges, was working legally in the United States as a sheet metal apprentice with a permit issued by the Department of Homeland Security. He was pursuing his journeyman license at the time of his detention and deportation. His wife is a U.S. citizen.
The White House has described the deportation as an “administrative error” while simultaneously suggesting that Abrego Garcia was associated with MS-13 — an accusation his attorneys deny, stating that no evidence supports the claim.
In her ruling, Xinis cited remarks made by Justice Department attorney Erez Reuveni during a prior hearing. Reuveni, who has since been placed on administrative leave, stated: “We concede he should not have been removed to El Salvador” and responded “I don’t know” when questioned about the rationale behind Abrego Garcia’s detention.
Attorney General Pam Bondi commented on Reuveni’s remarks in a televised interview, comparing them to “a defense attorney walking in, conceding something in a criminal matter,” and stated, “He’s on administrative leave now and we’ll see what happens.”
Stacey Young, a former Justice Department lawyer and founder of Justice Connection, released a statement defending Reuveni, describing him as a committed public servant who has handled high-stakes immigration cases across three administrations. “Justice Department attorneys are being put in an impossible position: Obey the president, or uphold their ethical duty to the court and the Constitution,” Young said. “We should all be grateful to DOJ lawyers who choose principle over politics and the rule of law over partisan loyalty.”
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