Apr 8, 2025, 7:34 PM
Apr 6, 2025, 7:56 PM

Judge rules Maryland man's deportation to El Salvador was unlawful

Highlights
  • Kilmar Abrego Garcia, a Salvadoran national, was deported to El Salvador despite having a valid work permit and the previous barring of his deportation by an immigration judge.
  • U.S. District Judge Paula Xinis ruled that the government's lack of evidence against Garcia's alleged gang affiliation makes his deportation unlawful.
  • The case raises significant questions about the legality of the U.S. government's deportation practices and the broader implications for immigration enforcement.
Story

In Maryland, U.S. District Judge Paula Xinis ruled that the deportation of Kilmar Abrego Garcia, a Salvadoran national, to a notorious El Salvador prison was 'wholly lawless.' The judge cited a lack of evidence supporting the government's claim that Abrego Garcia was affiliated with the MS-13 gang, labeling the allegations as 'vague' and 'uncorroborated.' Abrego Garcia, who had been granted a legitimate work permit and was an apprentice, faced potential persecution upon his return to El Salvador, a concern confirmed by an immigration judge's previous barring of his deportation in 2019. His removal has raised serious questions regarding the government's authority to forcibly deport individuals without substantial justification. The context surrounding Abrego Garcia's case highlights broader issues within the immigration enforcement system under the Trump administration. Following comments made by suspended Justice Department attorney Erez Reuveni, who acknowledged that Abrego Garcia should not have been removed to El Salvador, the situation has drawn mounting scrutiny towards the integrity of immigration enforcement practices. The case has ignited discussions about the ethics of labeling individuals as gang members without strong evidence, leading to wrongful detentions and deportations, particularly of individuals who contribute positively to society, such as Abrego Garcia. In a separate case, Mahmoud Khalil, a Columbia University student and legal permanent resident, faces potential deportation due to his role in pro-Palestinian protests. An immigration judge has demanded evidence to support his removal, reflecting concerns over free speech rights and the implications of targeting activists in the current political climate. The government’s attempts to justify Khalil’s deportation have similarly lacked firm evidence, connecting him to terrorist groups based simply on his activism. These cases underscore insecurity and the potential for injustice in the immigration enforcement system, raising alarm bells among human rights advocates and legal experts. They argue that the use of unsubstantiated claims as a premise for deportation creates a dangerous precedent for civil liberties and undermines the rule of law.

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