Federal Lawsuit

Abrego Garcia v. Trump - Wrongful Deportation to CECOT

Salvadoran national with protective legal status wrongfully deported to CECOT prison due to 'administrative error.' Supreme Court unanimously ordered government to 'facilitate' his return. Fourth Circuit Judge Wilkinson warned the government was 'asserting a right to stash away residents in foreign prisons without due process.' Eventually returned and charged with smuggling in apparent retaliation. Judge granted habeas corpus and ordered release from ICE custody.

Ruling Against

Case Details

Salvadoran national with protective legal status wrongfully deported to CECOT prison due to 'administrative error.' Supreme Court unanimously ordered government to 'facilitate' his return. Fourth Circuit Judge Wilkinson warned the government was 'asserting a right to stash away residents in foreign prisons without due process.' Eventually returned and charged with smuggling in apparent retaliation. Judge granted habeas corpus and ordered release from ICE custody.

Date Filed

2025-03-24

Status

Ruling Against

Court

U.S. District Court, District of Maryland / Fourth Circuit / Supreme Court

Outcome

Supreme Court ordered return; government complied after months of litigation; vindictive prosecution investigation underway

Related Executive Actions (1)

Alien Enemies Act Proclamation

Secretly signed March 14, invokes the 1798 Alien Enemies Act to authorize deportation of Venezuelans alleged to be members of Tren de Aragua gang to CECOT prison in El Salvador. Multiple federal courts ruled the invocation illegal, finding that gang activity does not constitute an 'invasion' or 'predatory incursion' within the meaning of the Act. 250+ men deported to CECOT.

Pending Litigation
ProclamationImmigration
Department of Homeland Security, Department of Justice
4 challenges2025-03-14

Plaintiffs / Parties

  • Kilmar Abrego Garcia
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