Judge Orders Return of Alleged MS-13 Member Mistakenly Deported

A federal judge is demanding the return of a man mistakenly deported under the Trump administration even though he’s alleged to be a member of the violent MS-13 gang. The decision, handed down by U.S. District Judge Paula Xinis, gives the government until 11:59 p.m. ET Monday to bring Kilmar Abrego Garcia back from El Salvador.

Abrego Garcia, a 29-year-old Salvadoran national, had been living in Maryland when federal agents arrested him on March 12 and deported him shortly thereafter. But here’s the catch: a 2019 court ruling had explicitly barred his removal to El Salvador, citing the risk of persecution or torture if returned. That ruling, apparently overlooked or disregarded, forms the basis of Judge Xinis’s sharp rebuke of the federal government.

Let’s be clear this is not your average immigration case. Abrego Garcia:

Was reportedly identified by multiple officials as a verified member of MS-13, one of the deadliest gangs in the Western Hemisphere.

Was denied bond in 2019 on grounds that he posed a danger to the community.

Was charged with illegally residing in the U.S. and was slated for deportation but not to El Salvador due to potential safety risks for him personally.

Judge Xinis didn’t hold back, accusing the federal government of detaining him unlawfully and handing him over “to his persecutors.” According to the court, U.S. agents placed him in three detention centers without proper legal review before deporting him to a country known for violent prison conditions.

In a letter to the court, ICE admitted the removal was an “administrative error” based on the belief that Abrego Garcia was a gang member with a valid final removal order. According to the Trump administration, he was mistakenly deported during a high-volume deportation effort focused on violent illegal immigrants—an effort largely driven by the Department of Homeland Security’s crackdown on MS-13 and human traffickers.

Attorney General Pam Bondi defended the actions on Fox News, emphasizing that federal agents must rely on information from agencies like ICE and Homeland Security to carry out Trump’s mandate to “make America safe again.”

White House Press Secretary Karoline Leavitt echoed that stance last week, stating, “He will not be returning to our country.” She also reinforced that Abrego Garcia was believed to be involved in human trafficking and MS-13 activity.

Let’s not ignore the broader issue here: while the judge focuses on the alleged administrative slip-up, the bigger question is why any court would demand the return of someone tied to one of the most dangerous gangs on the planet. MS-13’s track record includes brutal murders, forced recruitment of minors, drug trafficking, and widespread terror from El Salvador to suburban America.

MS-13 has been linked to more than 500 murders in the U.S. over the past two decades.
The FBI lists it as a transnational criminal organization with a presence in over 40 states.
In 2023 alone, El Salvador arrested over 70,000 suspected gang members in its war on crime.

This case is a disturbing example of how activist judges can undercut national security under the banner of “human rights.” The Trump administration was right to prioritize the removal of violent offenders. Mistakes happen but the answer is not to bring gang members back into our communities.

If we’re serious about protecting American families, we need to stand behind our immigration enforcement officers not hang them out to dry when bureaucracy gets tangled in judicial overreach.

Share this article or subscribe to our newsletter to keep informed on stories that matter.