The US must return a Maryland man mistakenly deported to an El Salvador prison, a judge says

GREENBELT, Md. (AP) — A federal judge on Friday ordered the Trump administration to arrange for the return of a Maryland man to the United States after he was mistakenly deported to a notorious El Salvador prison, while a U.S. government attorney was at a loss to explain what happened.

The ruling rejected the White House's claim that it lacks the power to retrieve Kilmar Abrego Garcia, a Salvadoran national, because he is no longer in the U.S. Immigration and Customs Enforcement has corrected deportation errors in previous years, according to Abrego Garcia’s attorney and legal experts.

The government filed an appeal immediately after the decision, while Trump administration officials repeated assertions that Abrego Garcia is a dangerous gang member and that U.S. courts have no control over the matter.

"We are unaware of the judge having jurisdiction or authority over the country of El Salvador," White House Press Secretary Karoline Leavitt said in a statement following the ruling by U.S. District Judge Paula Xinis.

ICE expelled the 29-year-old Abrego Garcia last month despite an immigration judge’s 2019 ruling that shielded him from deportation to El Salvador, where he faced likely persecution by local gangs.

His mistaken deportation, described by the White House as an “administrative error,” has outraged many and raised concerns about expelling noncitizens who were granted permission to be in the U.S.

“The record reflects that Abrego Garcia was apprehended in Maryland without legal basis ... and without further process or legal justification was removed to El Salvador,” Xinis wrote in her order.

Before she issued the ruling, Xinis described the deportation as “an illegal act” and pressed Justice Department attorney Erez Reuveni for answers, many of which he didn't have.

Reuveni conceded to Xinis that Abrego Garcia should not have been removed from the U.S. and shouldn’t have been sent to El Salvador. He couldn’t tell the judge upon what authority he was arrested in Maryland.

“I’m also frustrated that I have no answers for you for a lot of these questions,” he said.

The judge also questioned why Abrego Garcia was sent to the prison in El Salvador, which observers say is rife with human rights abuses.

“Why is he there, of all places?” asked Xinis, who was nominated by President Barack Obama.

“I don’t know,” Reuveni replied. “That information has not been given to me.”

Reuveni had asked the judge for more time — 24 hours — for the government to possibly broker Abrego Garcia's return.

Abrego Garcia's attorney, Simon Sandoval-Moshenberg, told the judge he was dismayed that the government had done nothing to get his client back, even after admitting its errors.

“Plenty of tweets. Plenty of White House press conferences. But no actual steps taken with the government of El Salvador to make it right,” he said.

Sandoval-Moshenberg said the government’s response to its error was essentially to say, “We’ve tried nothing, and we’re all out of options.”

“This is not something that’s outside of the government’s power,” he said, noting that the U.S. routinely extradites gang leaders, drug traffickers and other imprisoned people from other countries.

In legal briefs, Sandoval-Moshenberg asked the court to remove Abrego Garcia from the “torture prison” and “return him to the custody of the United States.”

The White House has cast Abrego Garcia as an MS-13 gang member and doubled down on that claim after Friday's hearing. Tricia McLaughlin, Department of Homeland Security assistant secretary, stated that the U.S. has “intelligence reports that he is involved in human trafficking.”

McLaughlin did not comment on whether the administration would comply with the judge's order or when and where Abrego Garcia might be returned to the U.S. But she said that he would be “locked up and off America’s streets."

“MS-13 gang members murder, rape, and maim for sport,” she said. "It’s shameful that the mainstream media chooses to do the bidding of these vicious gangs while ignoring their victims.”

Abrego Garcia’s attorneys have countered that there is no evidence he was in MS-13. The allegation is based on a confidential informant’s claim in 2019 that Abrego Garcia was a member of a chapter in New York, where he has never lived.

Abrego Garcia had a permit from DHS to legally work in the U.S., his attorney said. He served as a sheet metal apprentice and was pursuing his journeyman license.

He fled El Salvador around 2011 because he and his family were facing threats by local gangs. In 2019, a U.S. immigration judge granted him protection from deportation to El Salvador. He was released and ICE did not appeal the decision or try to deport him to another country.

Abrego Garcia later married Jennifer Vasquez Sura, a U.S. citizen. The couple are parents to their son and her two children from a previous relationship.

The judge’s ruling on Friday came shortly after Vasquez Sura joined dozens of supporters at a rally in the city of Hyattsville to urge her husband’s immediate return.

Vasquez Sura, who hasn't spoken to her husband since his deportation, urged her supporters to keep fighting for him “and all the Kilmars out there whose stories are still waiting to be heard.”

“To all the wives, mothers, children who also face this cruel separation, I stand with you in this bond of pain,” she said during the rally at a community center. “It’s a journey that no one ever should ever have to suffer, a nightmare that feels endless.”

Finley reported from Norfolk, Virginia. Associated Press reporters Rebecca Santana and Seung Min Kim in Washington contributed to this report.

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Supporters hold up signs as Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, right, stands with supporters during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Los Angeles Chargers (11-5) at Denver (13-3)

Sunday, 4:25 EST, CBS.

BetMGM NFL Odds: Broncos by 12 1/2.

Against the spread: Chargers 8-7-1; Broncos 6-9-1.

Series record: Broncos lead 72-58-1.

Last meeting: Chargers beat Broncos 23-20 on Sept. 21, 2025, in Inglewood, California.

Last week: Chargers lost to Texans 20-16; Broncos beat Chiefs 20-13.

Chargers offense: overall (12), rush (12), pass (15), scoring (T-16).

Chargers defense: overall (4), rush (9), pass (6), scoring (7).

Broncos offense: overall (9), rush (19), pass (9), scoring (14).

Broncos defense: overall (3), rush (2), pass (8), scoring (4).

Turnover differential: Chargers plus-4 ; Broncos minus-5.

QB Trey Lance is making his sixth career start and first for the Chargers. He's appeared in three games this season, completing 7 of 13 passes for 90 yards with no touchdowns, no interceptions and two sacks.

WR Courtland Sutton surpassed 1,000 yards last week, but he dropped a touchdown pass and caught just four of the 10 passes Bo Nix threw his way. Sutton has 73 receptions for 1,012 yards and seven TDs this season, a similar output to last year when he caught 81 passes for 1,081 yards and eight TDs.

The Chargers offensive line and backup QB versus Denver's dominant pass rush. The Broncos have had a franchise-record and NFL-best 64 sacks so far and are within striking distance of the NFL record of 72 set by the 1984 Chicago Bears, who had a dozen in their season finale that year.

Chargers: Coach Jim Harbaugh said he's sitting QB Justin Herbert (left hand) for the finale along with several other starters. Rookie RB Omarion Hampton (ankle) missed practice time this week as did CB Nikko Reed (hamstring) and OL Jamaree Salyer (hamstring). Harbaugh said he doesn't expect Salyer to play Sunday.

Broncos: LB Dre Greenlaw has been dealing with a hamstring injury and won't play in the finale. WR Pat Bryant (concussion), TE Nate Adkins (knee) and DL John Franklin-Meyers (hip) were limited in practice this week.

The Chargers have won all three games against Denver and Sean Payton with Jim Harbaugh as head coach. All three have been one-score games.

The Chargers clinched a playoff berth for the second straight season, the first time that's happened since they reached the postseason four consecutive times from 2006-09. ... The Bolts are coming off a 20-16 loss to Houston in which they were 2 of 5 in the red zone while the defense allowed a pair of rare long touchdown passes to open the game. K Cameron Dicker missed a field goal from inside 40 yards for the first time in his career and pulled an extra point wide for the first time this season. ... The Chargers are the only team that's unbeaten (5-0) in the AFC West this season. ... RB Omarion Hampton has a touchdown in three of his past four games. ... WR Quentin Johnston is coming off a 98-yard performance in Week 17. ... WR Keenan Allen had seven catches for 65 yards and a touchdown against Denver in Week 3. ... The Broncos were the first team to clinch a playoff spot and can earn the AFC's No. 1 overall seed with a win Sunday. The Broncos won the AFC West for the first time since 2015, ending the Kansas City Chiefs' nine-year reign atop the division. ... Broncos QB Bo Nix is tied for the second-most victories over the first two seasons at his position with 23. With a win Sunday, he'll tie Russell Wilson's NFL record of 24 wins in his first two seasons. ... Nix needs one TD pass to become the fourth QB in NFL history with at least 25 in each of his first two seasons. ... Nix is the third player ever, joining Herbert and Peyton Manning, with 3,500-plus passing yards and 25 or more TD passes in each of his first two NFL seasons. ... RB RJ Harvey leads rookies with a dozen TDs this season. He's scored a TD in five consecutive games. ... LB Nik Bonitto had two sacks in Week 3 against the Chargers.

AP NFL: https://apnews.com/hub/NFL

Los Angeles Chargers tight end Oronde Gadsden (86) celebrates his touchdown during the second half of an NFL football game against the Houston Texans Saturday, Dec. 27, 2025, in Inglewood, Calif. (AP Photo/Kevork Djansezian)

Denver Broncos linebacker Alex Singleton reacts during the second half of an NFL football game against the Kansas City Chiefs Thursday, Dec. 25, 2025, in Kansas City. (AP Photo/Charlie Riedel)

Los Angeles Chargers running back Omarion Hampton (8) celebrates his touchdown with quarterback Justin Herbert (10) during the second half of an NFL football game against the Houston Texans Saturday, Dec. 27, 2025, in Inglewood, Calif. (AP Photo/Kevork Djansezian)