The decision by the U.S. government to apprehend a Maryland man and transfer him to a notorious prison in El Salvador is deemed to be “entirely unlawful,” according to a legal opinion issued by a federal judge on Sunday, which outlined her reasons for ordering the Trump administration to return him to the United States.
U.S. District Judge Paula Xinis noted that there is minimal to no evidence backing a “vague, uncorroborated” claim suggesting that Kilmar Abrego Garcia had previously been involved with the MS-13 gang. She also pointed out that in 2019, an immigration judge had explicitly prohibited the U.S. government from deporting Abrego Garcia to El Salvador, where he would likely face persecution from local gangs.
“As the defendants themselves admit, they lacked legal authority to arrest him, had no justification for detaining him, and possessed no grounds for sending him to El Salvador — much less to one of the most perilous prisons in the Western Hemisphere,” Xinis stated.
She remarked that it was “astonishing” for the government to argue that it could not be compelled to return Abrego Garcia because he was no longer in U.S. custody.
“They seem to adhere to the shocking notion that they can forcibly transfer any individual — whether a migrant or a U.S. citizen — to prisons outside the United States, and then brazenly claim they have no means to effectuate a return because they are no longer the ‘custodian,’ and thus the Court has no jurisdiction,” Xinis wrote. “In practical terms, the facts tell a different story.”
The Justice Department has requested that the 4th U.S. Circuit Court of Appeals suspend Xinis’ ruling.
Abrego Garcia, a 29-year-old Salvadoran national with no criminal charges or convictions, was detained by immigration authorities and deported last month.
He held a work permit from DHS and was engaged as a sheet metal apprentice aspiring to obtain a journeyman license, according to his attorney. His spouse is a U.S. citizen.
The White House has referred to Abrego Garcia’s deportation as an “administrative error” but has also labeled him an MS-13 gang member. Attorneys for Abrego Garcia contended that there is no evidence connecting him to MS-13.
In her ruling on Sunday, Xinis mentioned earlier comments made by now-suspended Justice Department attorney Erez Reuveni, who stated: “We concede he should not have been removed to El Salvador” and admitted he had no answer when questioned about why Abrego Garcia was in custody.
Following these remarks, the Justice Department placed Reuveni on leave.
Attorney General Pam Bondi compared Reuveni’s statements in an interview on “Fox News Sunday” to “a defense attorney walking in, conceding something in a criminal case.”
“That would never occur in this country,” she said. “He is currently on administrative leave, and we will see what unfolds.”
Stacey Young, a former Justice Department lawyer and founder of Justice Connection, a network supporting department alumni, issued a statement in defense of Reuveni, noting that he has “zealously represented the United States in some of the most critical and contentious immigration cases across the Obama, Trump, and Biden administrations.”
“Justice Department attorneys find themselves in an untenable position: obey the president or uphold their ethical obligations to the court and the Constitution,” Young explained. “We should all be appreciative of DOJ attorneys who prioritize principle over politics and the rule of law over partisan loyalty.”
