When Due Process Breaks Down: The Deportation of Kilmar Ábrego García

In a case that has ignited legal and human rights debates across the country, Kilmar Ábrego García—a Salvadoran man who lived in the U.S. for over a decade—remains imprisoned in El Salvador after a deportation that violated a standing U.S. court order.

Kilmar Ábrego García’s Time and Troubles In the US

Born in El Salvador, Ábrego García fled his home country in 2011 at the age of 16 claiming asylum because gang threats endangered his life. He settled in Maryland, where he worked as a union apprentice, and was pursuing his vocational license at the University of Maryland.  Ábrego García is married to his wife Jennifer Vasquez Sura.  The couple has three children, including one child with special needs.

In August 2020, Vasquez Sura filed a protective order alleging that Ábrego García verbally and physically abused her. She claimed he kicked, slapped, and shoved her, took her phone, and locked her out of the house with their three children inside. She also reported that he broke her phone in front of a police officer and that she had photos of bruises he left on her body. Additionally, she alleged that Ábrego García stated, “even if he kills me, no one can do anything to him.” A week later, she rescinded the protective order, citing their child’s first birthday and Ábrego García’s agreement to attend counseling.

In May 2021, Vasquez Sura obtained a temporary protective order, alleging that Ábrego García punched and scratched her eye, causing bleeding, and ripped her shorts and shirt during an argument. She expressed fear of being close to him and mentioned having photos and videos documenting his violence. The order required Ábrego García to have no contact with her and to stay away from their shared residence. However, the case was dismissed because Vasquez Sura did not appear for the hearing.

The Deportation of Kilmar Ábrego García

In 2019, an immigration judge granted Ábrego García protection from deportation, a documented court order, recognizing the credible threat he faced if returned to El Salvador.  Despite this, in March 2025, he was detained by ICE agents and deported to El Salvador without a hearing, in violation of the protection from deportation order.  The deportation was later acknowledged by the Trump administration as an “administrative error.”

Upon arrival in El Salvador, Ábrego García was detained in the Center for Terrorism Confinement (CECOT), a high-security prison known for housing gang members.   CECOT is amassive maximum-security prison, designed to hold 40,000 inmates, making it one of the largest prisons in the Americas.  Prisoners are often held in extremely austere conditions, with reports of no beds, just concrete slabs, very limited access to sunlight or recreation, and severe restrictions on legal visits and family contact.

The Fight to Return Kilmar Ábrego García to the US

Despite the Trump administration acknowledging that the deportation happened due to “administrative error”, The Trump administration contends that Ábrego García’s removal was warranted due to allegations of domestic abuse filed by his wife in 2019 and 2020. These allegations, though later rescinded, are cited as evidence of his potential danger to public safety.  In addition, administration officials have linked Ábrego García to the MS-13 gang, citing tattoos as indicative of membership.

Ábrego García’s attorneys argue that his deportation directly contravened the 2019 immigration judge’s order granting him protection from removal to El Salvador due to credible fears of persecution.  They contend that his removal without a hearing or legal proceedings constitutes a violation of his Fifth Amendment rights, emphasizing that non-citizens are entitled to due process under U.S. law.   Finally, the defense highlights that the domestic abuse allegations were never legally adjudicated and were later withdrawn by Vasquez Sura, who now criticizes the government’s use of her past claims to justify his deportation.

The legal proceedings surrounding Kilmar Ábrego García’s deportation involve multiple court rulings at various judicial levels. On April 4, 2025, U.S. District Judge Paula Xinis ruled that Ábrego García’s deportation to El Salvador was unlawful, as it violated a 2019 immigration judge’s order protecting him from removal due to credible fears of persecution. Judge Xinis ordered the government to “facilitate and effectuate” his return to the United States by April 7, 2025. She emphasized that the deportation “shocks the conscience” and was “wholly lawless.” The judge also highlighted the government’s failure to present any evidence linking Ábrego García to MS-13, despite public claims to that effect.

The Trump administration appealed Judge Xinis’s order to the Fourth Circuit Court of Appeals. A panel of judges unanimously denied the appeal, stating that the government had “no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process.” The court rejected the administration’s argument that federal courts lacked jurisdiction in this matter.

The Trump administration sought emergency relief from the Supreme Court, which initially issued a temporary stay on Judge Xinis’s order. However, on April 10, 2025, the Supreme Court issued a unanimous decision affirming that Ábrego García’s removal was illegal. The Court acknowledged that he was subject to a withholding order forbidding his removal to El Salvador and that the deportation was therefore unlawful. While the Court upheld the requirement for the government to “facilitate” his return, it suggested that the directive to “effectuate” his return needed clarification, considering the executive branch’s role in foreign affairs. The case was remanded to the district court for further proceedings.

Despite the Supreme Court’s ruling, the Trump administration has not facilitated Ábrego García’s return. Judge Xinis has ordered the administration to provide information about its efforts to comply with the court’s directive. The administration has cited challenges, including the complexities of international diplomacy and the executive branch’s discretion in foreign affairs. As of now, Ábrego García remains detained in El Salvador, and legal proceedings continue to address the enforcement of the court’s orders.

Why Has Kilmar Ábrego García Not Been Returned To the US?

Despite court rulings in his favor, Kilmar Ábrego García has not yet been returned to the U.S. due to a combination of executive resistance, jurisdictional ambiguity, and diplomatic complexity.  The Trump administration has resisted enforcing the court’s mandate. Though the U.S. Supreme Court and lower courts ordered the government to facilitate Ábrego García’s return, the administration argues that the courts “overstepped” by trying to direct foreign policy actions.  In addition, the term “effectuate his return” implies an “impractical or impossible demand” of the executive branch once the person is no longer in U.S. custody.  In short, because Ábrego García is now in El Salvador, the Administration no longer has custody of Ábrego García nor has the authority to demand his return.  The administration also argues that the legal system “can’t compel the president” to retrieve someone from a foreign country.