Obama-Appointed Judge Orders Trump Administration to Return Alleged MS-13 Gang Member Back to the US
6th April 2025
“This was an illegal act,” said U.S. District Judge Paula Xinis of Maryland, an Obama appointee. She gave the administration until 11:59 p.m. Monday to free Kilmar Abrego Garcia, a citizen of El Salvador, from the El Salvadoran prison where he is being held, and return him to the United States where he is not a citizen.
Abrego Garcia, 29, was among the hundreds of illegal immigrants—a large percentage of them MS-13 and Venezuela’s Tren de Aragua gang members —expelled from the U.S. to El Salvador last month.
Although the Trump administration acknowledged in court records earlier this week it made an “administrative error” when it deported Garcia without an interview, the fact remains that he has no legal status in the United States.
Garcia crossed the border illegally in 2012 by his own admission, and claimed he had to flee El Salvador as a teenager to escape gang violence when he was detained in 2019. Both the original immigration judge and the Board of Immigration Appeals found there was sufficient evidence that Garcia was a member of MS-13 and, as such, a danger to the public.