A federal judge has described the U.S. government’s decision to arrest a man from Maryland and transfer him to a notorious prison in El Salvador as “wholly lawless.” This statement was made in a legal opinion explaining why the judge ordered the Trump administration to return the man to the United States.
The judge, U.S. District Judge Paula Xinis, indicated there is scant evidence supporting the “vague, uncorroborated” claim that Kilmar Abrego Garcia had any involvement with the MS-13 street gang. Furthermore, an immigration judge in 2019 had forbidden Abrego Garcia’s deportation to El Salvador due to the risk of persecution by local gangs.
Judge Xinis accused the defendants of lacking legal authority to arrest, detain, or deport Abrego Garcia to El Salvador, particularly to one of the most dangerous prisons in the region. She found it “eye-popping” that the government contended it could not be compelled to return Abrego Garcia because he was no longer under U.S. custody.
Judge Xinis criticized the government’s position that it could remove anyone, including migrants and U.S. citizens, to international prisons and then claim they lack the means to ensure their return, due to not being their “custodian,” thus removing the court’s jurisdiction. She argued that, practically, this stance did not hold up against the facts.
The Justice Department has appealed to the 4th U.S. Circuit Court of Appeals to halt Xinis’ ruling.
Kilmar Abrego Garcia, a 29-year-old Salvadoran national with no criminal charges or convictions, was deported after immigration agents detained him the previous month. At the time, he had a DHS permit to work legally in the U.S. as a sheet metal apprentice aiming for a journeyman license, according to his attorney. His wife is a U.S. citizen.
The White House referred to the deportation as an “administrative error,” while also alleging gang affiliations. Abrego Garcia’s attorneys countered there was no evidence linking him to MS-13.
In her order, Xinis referenced statements from Erez Reuveni, a Justice Department attorney now on leave, who conceded Abrego Garcia should not have been removed and could not explain the detention.
Attorney General Pam Bondi, speaking on “Fox News Sunday,” compared Reuveni’s remarks to a defense attorney inadvertently conceding a point in a criminal case, stating such an occurrence is unprecedented in the U.S. Bondi noted Reuveni’s administrative leave and indicated further developments were pending.
Stacey Young, a former Justice Department lawyer, defended Reuveni, underscoring his dedication under various administrations and highlighting the challenging position faced by Justice Department attorneys who are torn between presidential directives and their ethical responsibilities to the court and Constitution.
This story originally appeared on Fortune.com.
