A federal judge has described the U.S. government’s decision to arrest a Maryland man and send him to a dangerous prison in El Salvador as “wholly lawless” and ordered his return to the United States. U.S. District Judge Paula Xinis criticized the lack of evidence supporting allegations that Kilmar Abrego Garcia was once in the MS-13 gang and highlighted that an immigration judge had barred his deportation to El Salvador due to the risk of persecution. The government had no legal authority to detain and deport him, Judge Xinis wrote.
Abrego Garcia, a Salvadoran national with no criminal record, was detained and deported despite having a work permit and a U.S. citizen wife. The White House has called his deportation an “administrative error” and suggested he was an MS-13 member, a claim his attorneys dispute. A Justice Department attorney, Erez Reuveni, admitted that Abrego Garcia should not have been sent to El Salvador, leading to his suspension.
The Justice Department has asked a federal appeals court to pause Judge Xinis’ ruling. Former Justice Department lawyer Stacey Young defended Reuveni, stating that department attorneys face a difficult choice between following orders and upholding the rule of law. The case has sparked debate about the government’s authority to detain and deport individuals, raising concerns about due process and legal standards. Abrego Garcia’s legal battle highlights the challenges faced by immigrants in the U.S. and the importance of upholding human rights in immigration enforcement.
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