WASHINGTON — The US government has acknowledged it wrongfully deported Kilmar Armando Abrego Garcia to El Salvador’s notorious CECOT mega prison, despite his legal protection from removal — marking the first such admission under President Donald Trump’s expanded deportation policies.
In a court filing Monday, US Immigration and Customs Enforcement (ICE) confirmed that Abrego Garcia, who was protected by a court order, was mistakenly deported on March 15 due to an “administrative error.”
The agency admitted it was aware of his legal status but transferred him regardless to the high-security CECOT prison, known for its harsh and often brutal conditions.
Although ICE has accepted responsibility, the US District Court in Maryland claimed it lacks jurisdiction to order his return, arguing that Abrego Garcia is no longer in US custody.
The court further stated that presidential authority over foreign affairs overrides individual family interests.
“The public interest in not returning a member of a violent criminal gang to the United States outweighs those individual interests,” the court said, referencing Abrego Garcia’s alleged gang affiliation — a claim his attorneys have disputed.
CECOT, a sprawling facility in El Salvador, has come under international criticism for overcrowding and poor treatment of detainees. Human rights advocates are raising alarm over Garcia’s safety and legal rights following his forced removal.
Abrego Garcia’s case comes amid a sweeping Trump administration crackdown on individuals allegedly tied to foreign criminal and terrorist organizations.
Trump recently designated the MS-13 and Venezuela-based Tren de Aragua as foreign terrorist organizations.
Using the seldom-invoked Alien Enemies Act, Trump has authorized the fast-tracked deportation of suspected gang members without the usual judicial review, significantly reshaping US immigration and national security policy.
According to US officials, 250 individuals linked to the Tren de Aragua have already been deported to El Salvador in recent weeks.
On Monday, Secretary of State Marco Rubio confirmed the transfer of 17 suspected gang members in coordination with El Salvador’s government, noting that Washington paid $6 million to cover their detention costs. — Agencies