The Trump administration is refusing to repatriate Kilmar Abrego Garcia, the Maryland father and legal U.S. resident who was wrongfully deported to El Salvador last month. Despite admitting that his removal was an error and that Abrego Garcia had legal protection from deportation, the White House now insists it has no obligation to bring him back.
Abrego Garcia, who has lived in the United States since he was eight months old, was granted “withholding of removal” by an immigration judge in 2019—a status that explicitly prohibits deportation due to the likelihood of persecution. Nonetheless, he was quietly removed during a mass enforcement operation and delivered to Salvadoran authorities, where he was immediately imprisoned in the notorious CECOT mega-prison.
White House officials have not denied the mistake. Instead, they argue that because Abrego Garcia is now in foreign custody, the federal government is under no legal requirement to secure his return. Immigration advocates and legal experts call this position morally indefensible and legally flimsy.
“The administration’s claim that it has no obligation to correct its own unlawful deportation is a disgrace,” said Simon Sandoval-Moshenberg, Abrego Garcia’s attorney. “Kilmar was deported in violation of U.S. law. The government absolutely can bring him back—they just won’t.”
The administration’s filings assert that U.S. courts lack jurisdiction once a person is removed from the country, effectively rendering even court-acknowledged rights meaningless. Rights groups say this is a dangerous precedent that turns every deportation into a potential life sentence, regardless of legality.
CECOT, the Salvadoran facility where Abrego Garcia is being held, is internationally condemned for inhumane conditions. He has not been heard from since his removal. Family members fear he may have been injured or worse. They have received no updates from either government.
Representative Pramila Jayapal has called the case “unforgivable” and demanded immediate repatriation. As of now, there is no indication the Trump administration will act. The message is clear: even if the system admits it wronged you, under Trump, you’re on your own.
