Washington, D.C. – The Department of Justice has challenged a federal court order requiring the facilitation of Kilmar Abrego Garcia’s return to the United States, following his contentious deportation to El Salvador, underscored by what has been termed an “administrative error.” This move has also led to the suspension of the DOJ attorney who conceded that the deportation was a mistake.
Garcia, a Maryland resident who had previously been protected from deportation, found himself deported to El Salvador’s infamous Cecot prison last month. The DOJ’s legal team has referred to the federal judge’s order to repatriate Garcia as “constitutionally intolerable,” claiming it coerces the Executive branch into negotiations with a foreign power, which is unprecedented in U.S. law.
The order, issued by U.S. District Judge Paula Xinis, instructed the Trump administration to orchestrate Garcia’s return by a tight deadline. In response, the DOJ filed an appeal on April 5 with the 4th U.S. Circuit Court of Appeals, seeking to halt Judge Xinis’s ruling.
Garcia was initially deported under the seldom-used Alien Enemies Act, which the Trump administration has invoked to hasten certain deportations, alleging Garcia’s association with the MS-13 gang—a claim disputed by his legal representation due to lack of evidence. Notably, Garcia has never resided in New York, where he was purportedly identified as a gang member by a confidential informant in 2019.
Amidst these legal battles, DOJ lawyer Erez Reuveni faced suspension after revealing to Judge Xinis that Garcia’s deportation was unjustified and expressing uncertainty about the reasons for his initial arrest. Reuveni’s candid remarks prompted his suspension and a firm response from Attorney General Pam Bondi, who emphasized the department’s need for attorneys to “zealously advocate” on behalf of the U.S.
Prior to his deportation, Garcia had built a life in the U.S., where he sought refuge from gang threats in El Salvador around 2011. He had been granted U.S. deportation protection in 2019, subsequently marrying Jennifer Vasquez Sura, a U.S. citizen. Garcia has been contributing to society as a sheet metal apprentice while working towards a journeyman license, supported by a work permit from the Department of Homeland Security. The couple is raising three children.
The outcome of the DOJ’s appeal and Garcia’s potential return remain uncertain as these legal proceedings continue to unfold. This case highlights complex issues surrounding immigration enforcement and the mechanisms of justice within the administrative state.
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