Judge orders government to return Maryland man deported in 'error' to El Salvador

A federal judge in Maryland on Friday granted a preliminary injunction and ordered the government to facilitate the return of Kilmar Armando Abrego Garcia, the Maryland man who was deported to El Salvador in error, by Monday.

"I am going to grant the motion for preliminary injunction I've reviewed, and I'll read this word for word, so that there is no dispute that the oral order is the written order," said U.S. District Judge Paula Xinis at Friday's hearing, making a reference to the recent Alien Enemies Act court case in which the government failed to carry out another judge's oral order.

"This was an illegal act," Xinis said of Garcia's deportation. "The two defendants are hereby ordered to facilitate the return of plaintiff Kilmar Armando Abrego Garcia to the United States by no later than 11:59 p.m. on Monday, April 7, 2025."

Abrego Garcia was sent to El Salvador as part of what the Trump administration described as a $6 million deal with Salvadoran authorities in which they would house deported migrants in exchange for payment. At Friday's hearing, however, the Justice Department attorney denied there was such a contract.

"The way I see the record, though, is that there is an agreement between your clients and El Salvador where your clients are [paying] upward of $6 million to house individuals," Xinis said. "There's nothing to suggest that they're still not in the custody of DHS and immigration."

Erez Reuveni, acting Deputy Director for the Office of Immigration Litigation for DOJ, replied, "There's nothing in the record that there is a contract."

When Xinis pushed back and said Secretary of State Marco Rubio and Department of Homeland Security Secretary Kristi Noem have spoken about an agreement between the two countries, Reuveni said he could not speak for them.

"I can't speak to where they got their information from," Reuvani said. "But neither of them said there is a contact."

"They may not have used the word contract, but agreement sounds a lot like contract where we paid $6 million," Xinis replied. "I think I can draw a logical inference."

Abrego Garcia, despite having protected legal status, was sent to the notorious CECOT mega-prison in El Salvador following what the government said was an "administrative error."

"The facts are conceded," Reuvani said during Friday's hearing. "Mr. Abrego Garcia should not have been removed."

Although the government has acknowledged the error, it said in an earlier court filing that because Abrego Garcia was no longer in U.S. custody, the court cannot order him to be returned to the U.S., nor can the court order El Salvador to return him.

Last month, Abrego Garcia, whose wife is a U.S. citizen and who has 5-year-old child, was stopped by ICE officers who "informed him that his immigration status had changed," according to his attorneys. He was detained and then transferred to a detention center in Texas, after which he was sent to El Salvador's CECOT prison, along with more than 200 alleged Venezuelan gang members, on March 15.

Abrego Garcia entered the United States in 2011 when he was 16 to escape gang violence in El Salvador, according to his lawyers. His attorneys say that in 2019, a confidential informant "had advised that Abrego Garcia was an active member" of the gang MS-13. Abrego Garcia later filed an I-589 application for asylum, and although he was found removable, an immigration judge "granted him withholding of removal to El Salvador," the attorneys said.

Simon Sandoval-Moshenberg, the attorney representing Abrego Garcia, stated during the hearing that his client is not a member of MS-13, but said that's an issue for an immigration judge to address.

"The government raises a lot of issues about their contention that this individual is an MS-13 gang member," said Sandoval-Moshenberg. "We've provided evidence explaining why he isn't, but in any event, that's a matter for the immigration court to decide on further proceedings once he's brought back."

Xinis said she hasn't seen any evidence by the government that Abrego-Garcia is a member of MS-13.

"When someone is accused of membership in such a violent and predatory organization, it comes in the form of an indictment, a complaint, a criminal proceeding that has robust process so we can assess the facts," the judge said.

Sandoval-Moshenberg acknowledged at Friday's hearing that his client could have been removed to another county -- just not El Salvador.

"He certainly was removable to many countries on Earth -- El Salvador is simply not one of them," Sandoval-Moshenberg said.

"There was no removal order as to El Salvador," he added. "This was essentially the equivalent of a forcible expulsion."

When asked by Xinis under what authority law enforcement officers seized Abrego Garcia, Reuveni said he was frustrated that he did not have those answers.

"Your honor, my answer to a lot of these questions is going to be frustrating and I'm also frustrated that I have no answers for you on a lot of these questions," Reuvani said.

Following the hearing, Abrego Garcia's wife said she will continue to fight for her husband.

"I want to say thank you to everyone that has helped us, that has supported us in fighting this, and we will continue fighting for Kilmar, for my husband," said Jennifer Varquez Sura.

"We have intelligence reports that he is involved in human trafficking," said DHS Assistant Secretary Tricia McLaughlin following the judge's ruling Friday. "Whether he is in El Salvador or a detention facility in the U.S., he will be locked up and off America's streets."

The Trump administration filed an emergency motion on Saturday to stay a the order to return Abrego Garcia by the end of Monday.

"If there was ever a case for an emergency stay pending appeal, this would be it," the DOJ said in the brief. "The United States does not have control over Abrego Garcia. Or the sovereign nation of El Salvador. Nevertheless, the court's injunction commands that Defendants accomplish, somehow, Abrego Garcia's return to the United States in give or take one business day."

"That order is indefensible," the DOJ added.

The administration asked the court to issue an immediate administrative stay of the lower court's ruling and for the appeals court to make a ruling on the request by Sunday at 5 p.m.

"Absent this Court's immediate intervention, though, Defendants will be ordered to engage in breakneck foreign policy at the direction of a federal district court. That is untenable," the DOJ argued.

The appellate court has given Abrego Garcia's legal team until 2 p.m. Sunday to respond.

ABC News' James Hill and Luke Barr contributed to this report.