The government said it is beyond the reach of U.S. courts to get him back

From Letters from an American, Heather Cox Richardson, March 31, 2025

Nick Miroff of The Atlantic reported that Trump administration attorneys admitted in a court filing that officials from Immigration and Customs Enforcement had seized and deported Kilmar Abrego Garcia by accident. Abrego Garcia fled gang threats in El Salvador when he was 16, and came to the U.S. He has no criminal record, works full time as a union sheet metal apprentice, is married to an American citizen, and is the father of a disabled U.S. citizen. He had been granted legal protected status from return to El Salvador after a judge found he was likely to be targeted by gangs if he was sent back.

The U.S. government did not charge Abrego Garcia with a crime but deported him to El Salvador’s Terrorism Confinement Center (CECOT) because of an administrative error. “This was an oversight,” the government told the court. But, because he is no longer in U.S. custody, the government said it is beyond the reach of U.S. courts to get him back.

Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, told Miroff he had never seen a case where the government ignored protective legal status and deported someone. “They claim that the court is powerless to order any relief,’’ he told Miroff. “If that’s true, the immigration laws are meaningless—all of them—because the government can deport whoever they want, wherever they want, whenever they want, and no court can do anything about it once it’s done.”