Trump administration deports 17 to El Salvador CECOT prison
The Trump administration sent 17 alleged Tren de Aragua and MS-13 members to El Salvador’s notorious CECOT prison.
A federal judge said the Trump administration confessed to a “grievous error” by mistakenly deporting a Maryland father to a notorious Salvadoran mega-prison, where the risk of his harm “shocks the conscience.”
In an order Sunday, U.S. District Judge Paula Xinis of Maryland pushed back on claims by Justice Department lawyers that they have no power to bring Kilmar Abrego Garcia, 29, back from El Salvador’s Terrorism Confinement Center, commonly known as CECOT.
Xinis’ 22-page order issued Sunday expanded on her brief ruling on Friday ordering Abrego Garcia’s release before midnight on Monday. It rejected the Justice Department’s request to halt her order as government lawyers petitioned a federal appeals court to review it.
“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,” she said. “Having confessed grievous error, the defendants now argue that this Court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return. For the following reasons, their jurisdictional arguments fail as a matter of law.”
In mid-March, the Trump administration deported Abrego Garcia, a Salvadoran migrant who lives in Maryland with his family, accusing him of ties to the MS-13 gang, which he has denied.
In her order, Xinis said government lawyers had the chance to present evidence of alleged ties but didn’t. Government lawyers argued the U.S., including Xinis, had no power to get him out of the Salvadoran prison.
‘Wholly lawless’
In a written order on Sunday explaining her Friday ruling, Xinis said: “There were no legal grounds for his arrest, detention or removal” or evidence that Abrego Garcia was wanted for crimes in El Salvador.
“Rather, his detention appears wholly lawless,” she added in the filing.
Abrego Garcia had complied fully with all directives from immigration officials, including annual check-ins, and had never been charged with or convicted of any crime, the judge wrote.
The Trump administration acknowledged in previous court filings that it had erroneously deported Abrego Garcia to his home country despite a previous court order prohibiting his removal. The White House and administration officials have accused Abrego Garcia of being a criminal gang member, but there are no pending charges.
His lawyers have denied the allegation.
US sidelines DOJ lawyer involved in deportation case
The Trump administration has faced criticism in the U.S. courts and elsewhere for its stepped-up enforcement against immigration rights. A judge in Washington, D.C., is separately weighing whether the Trump administration violated a court order not to deport alleged Venezuelan gang members amid ongoing legal proceedings.
Some of those deported have active asylum cases, and civil rights groups have argued the administration has failed to provide due process under the law. Attorney General Pam Bondi on Sunday vowed to continue the administration’s deportations.
“The best thing to do is to get these people out of our country,” she said.
On Saturday, the Department of Justice placed on leave one of its top immigration lawyers one day after he questioned in court the Trump administration’s handling of the deportation. Bondi confirmed in a statement the suspension of Erez Reuveni, who represented the government Friday when a federal judge ruled the Trump administration acted illegally by mistakenly deporting Abrego Garcia.
“At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences,” Bondi said.
Contributing: Joey Garrison, USA TODAY; Reuters