A federal judge has expressed serious concerns about the U.S. government’s decision to arrest a man from Maryland and deport him to a dangerous prison in El Salvador. Judge Paula Xinis described the action as “wholly lawless” and questioned the justification for the deportation.
The individual in question, Kilmar Abrego Garcia, is a 29-year-old Salvadoran national who has not been charged with any crime. He was originally brought to the U.S. on a work permit and was pursuing a career as a sheet metal apprentice. His wife is a U.S. citizen, which adds to the growing concerns about the fairness of his deportation.
Judge Xinis pointed out that there was little evidence to support claims that Garcia was involved with the notorious MS-13 gang, emphasizing that an immigration judge had previously ruled against deporting him due to fears of persecution in El Salvador. She indicated that the government had overstepped its legal authority in detaining and deporting him.
What is particularly alarming, according to Judge Xinis, is the government’s stance that it cannot be held accountable for bringing Garcia back to the U.S. now that he is no longer in their custody. She criticized this notion as disturbing, suggesting it would allow the government to forcibly remove individuals, whether they are migrants or U.S. citizens, and then evade responsibility for their well-being.
As the Justice Department seeks to pause Judge Xinis’ ruling, questions remain about the handling of Garcia’s case. While the White House has referred to his deportation as an “administrative error,” it has also labeled him as a gang member. Attorneys defending Garcia argue that there is no credible evidence to support such claims.
In light of this situation, Attorney General Pam Bondi has stated that the comments made by a now-suspended Justice Department attorney, who conceded that Garcia should not have been deported, are highly unusual. Such statements raise profound questions regarding accountability and legal integrity in the immigration process.
Stacey Young, a former Justice Department lawyer, also weighed in on the issue, arguing that government lawyers often face a dilemma between following the president’s orders and fulfilling their obligation to uphold the law. Young emphasized the importance of principled legal representation, especially in contentious cases like Garcia’s.
As this controversy unfolds, it highlights the urgent need for a thoughtful and just approach to immigration enforcement, ensuring that individual rights are respected while maintaining the rule of law.
