Americas

US admits wrongful deportation of Salvadoran national to notorious prison

'The public interest in not returning a member of a violent criminal gang to the United States outweighs those individual interests,' says court

Yasin Gungor  | 01.04.2025 - Update : 01.04.2025
US admits wrongful deportation of Salvadoran national to notorious prison 17 members of Venezuela's Tren de Aragua gang and members of the MS-13 gang, who were deported to El Salvador by the US in San Salvador, El Salvador on March 31, 2025.

​​​​​​​ISTANBUL

The US government admitted it wrongfully deported Kilmar Armando Abrego Garcia to El Salvador's CECOT mega prison despite his legal protections, marking the first acknowledgment under Trump's expanded deportation policies.

Abrego Garcia, who has legal protection against deportation due to a court order, was removed March 15 because of an "administrative error," the government told to court Monday.

Court documents reveal Immigration and Customs Enforcement (ICE) knew of his protected status but deported him anyway to the prison that is notorious for brutal conditions.

Legal standoff

While admitting fault, the district court for the state of Maryland argued it lacks jurisdiction to order his return since he is no longer in US custody.

The court claimed presidential authority on foreign affairs outweighs Garcia's family interests.

"The public interest in not returning a member of a violent criminal gang to the United States outweighs those individual interests," the court said.

CECOT is known for its harsh conditions, raising concerns about Garcia's safety and well-being following his deportation.

Broader crackdown

The operation came as part of an effort by the Trump administration to clamp down on what it has designated as foreign terror organizations. The MS-13, which originated in El Salvador, and Tren de Aragua, a Venezuela-based gang, has been designated as terror groups by President Donald Trump in recent months.

In March, Trump invoked the Alien Enemies Act -- a rarely used wartime authority -- to expedite the deportation of individuals linked to designated terror organizations. The move marked an aggressive shift in immigration and national security policy, allowing for swift removals without the standard legal process.

Under this policy, the US has transferred detained MS-13 and Tren de Aragua members to high-security prisons in El Salvador.

In mid-March, the administration confirmed that nearly 250 deportees reportedly linked to the Tren de Aragua were already in custody in El Salvador.

Washington also deported 17 violent criminals affiliated with transnational gangs in a counter-terrorism operation with El Salvador, Secretary of State Marco Rubio said Monday.

The US paid El Salvador $6 million to imprison the individuals, according to the White House.

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