Federal Judge Orders Trump Admin to Return Man Deported to El Salvador
A federal judge has ordered the Trump Administration to retrieve a man deported to El Salvador, claiming the removal was unlawful. Kilmar Abrego Garcia, who had been deported last month, must be returned to the U.S. by Monday, according to U.S. District Judge Paula Xinis.
🚨 Karoline Leavitt just DESTROYED an activist judge who ordered Trump to return an alleged member of MS-13 to the U.S.
“We suggest the Judge contact President @nayibbukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador” 🔥… pic.twitter.com/BMO5g0WrCD
— Nick Sortor (@nicksortor) April 4, 2025
Judge Xinis determined that the deportation of Garcia violated the Administrative Procedures Act. The ruling stated that Garcia was deported without a proper judicial process, which rendered the act illegal under federal law.
The Department of Justice issued a response on Friday, making clear that it plans to appeal the judge’s decision. Officials contend that the removal was justified based on national security concerns and criminal history.
The Trump Administration admitted that Garcia’s removal was the result of an “administrative error,” but it maintains that Garcia is a threat to public safety due to his alleged gang ties. Authorities believe he is a member of the notorious MS-13 gang.
White House press secretary Karoline Leavitt defended the decision during a briefing. She labeled Garcia a “foreign terrorist” and emphasized that the administration is committed to deporting such individuals.
Leavitt also noted that MS-13 has been classified as a foreign terrorist organization. She argued that individuals connected to such groups are not entitled to protections under U.S. law, as Trending Politics reported.
Garcia had previously been granted protection from deportation despite being denied asylum. Five years ago, an immigration judge ruled that returning him to El Salvador could lead to retribution by local gangs.
That same judge also ruled Garcia a flight risk. The court cited his failure to appear in traffic-related proceedings and confirmed through evidence that he had verified connections to MS-13.
The judge at the time concluded that releasing Garcia would present a danger to others, making detention the safest course of action.
Following Judge Xinis’ recent ruling, DHS spokeswoman Tricia McLaughlin expressed outrage. Speaking to Fox News, she criticized the media’s portrayal of Garcia and reiterated that he is a known gang member involved in trafficking.
Garcia was arrested on March 12 in an IKEA parking lot in Maryland, where he had been working as a sheet metal apprentice. He is married to a U.S. citizen and had reportedly been living in the U.S. for several years.
His legal team denies any connection to MS-13 and argues that he was authorized to work legally in the U.S. with documentation issued by the Department of Homeland Security.
They also accuse the government of failing to provide sufficient evidence to support its allegations of gang involvement or threats to public safety.
Despite the court’s order, it remains unclear whether the Trump Administration will comply. Garcia has already been deported to El Salvador, and the White House questions whether a U.S. judge has any authority over a sovereign foreign nation.
Leavitt sarcastically suggested that Judge Xinis contact El Salvador’s President Nayib Bukele if she expects cooperation, implying the order was unrealistic.
President Bukele has previously accused U.S. federal judges of overstepping their bounds in attempts to obstruct the Trump Administration’s immigration agenda.
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