Kilmar Abrego García, a Maryland resident mistakenly deported to El Salvador despite a 2019 court order protecting him from removal, remains in custody at a maximum-security prison in El Salvador as a legal dispute between the Trump administration and U.S. courts continues.
Abrego García, 29, was detained by U.S. Immigration and Customs Enforcement (ICE) on March 12 while driving home with his 5-year-old son. Three days later, he was deported to El Salvador, despite an active immigration court ruling that prohibited his removal. That ruling—known as “withholding of removal”—had been granted in 2019, based on the likelihood that Abrego García would face persecution if returned to his country of origin.
According to court filings, Abrego García is currently being held at the Terrorism Confinement Center (CECOT), a high-security facility in El Salvador that houses alleged gang members. His attorneys argue that his placement there places him at serious risk of harm and violates both U.S. and international legal protections.
The Department of Justice acknowledged that Abrego García’s deportation occurred due to an “administrative error.” However, administration officials say they are unable to retrieve him, as he is now in the custody of a foreign government. In a court filing over the weekend, the DOJ stated that U.S. courts lack the authority to direct the executive branch to conduct foreign affairs in a particular way.
The Supreme Court recently upheld a lower court ruling requiring the federal government to “facilitate” Abrego García’s return but declined to order that it “effectuate” his return, leaving the scope of responsibility under legal debate. U.S. District Court Judge Paula Xinis had ordered the government to provide updates on efforts to secure his release and return, but federal officials missed the court’s deadline, citing the need for additional time.
Abrego García’s case has drawn attention due to conflicting claims about his identity and legal status. He entered the United States at age 16 and had lived in Maryland for nearly 14 years, working in construction and raising three children with his U.S. citizen wife. In 2019, he was briefly detained after police alleged gang affiliation based on clothing and a confidential informant’s claim. He was never charged with a crime in the U.S. or El Salvador, and Judge Xinis later noted that “nothing came of it.”
Nonetheless, the Trump administration has continued to assert that Abrego García was affiliated with MS-13, a claim his legal team denies. Administration officials argue that his alleged ties to a designated foreign terrorist organization invalidate his immigration protection, despite a lack of criminal charges or convictions.
Relatives and attorneys for Abrego García have said he remains in custody solely due to a bureaucratic error and have asked for urgent action. The Salvadoran government, however, has indicated it will not return him.
Speaking from the Oval Office on Sunday, Salvadoran President Nayib Bukele stated, “How can I smuggle a terrorist into the United States? Of course I’m not going to do it.” Bukele did not comment on the lack of formal charges against Abrego García.
As the legal case proceeds, Abrego García remains detained in El Salvador. His lawyers continue to seek a resolution through the federal court system.
