Man Mistakenly Deported to El Salvador: Justice Department Cannot Order Return

Administrative Error Leads to Deportation

• 💡 An administrative error by Immigration and Customs Enforcement resulted in the deportation of an undocumented man, Kilmar Algo Garcia, to El Salvador.
• ⚠️ Despite a legal order prohibiting his removal, Garcia was deported to a country where he had been granted withholding of removal due to fear of persecution.

Legal Protections and Accusations

• ⚖️ In 2019, an immigration judge granted Garcia withholding of removal, a protection against deportation, based on credible evidence of potential persecution by gangs in El Salvador.
• 🚫 Garcia's lawyers assert he has no criminal record in the US or El Salvador, contradicting accusations of being an MS-13 gang member.
• 🎯 The Trump Administration cited alleged gang affiliation as justification for his detention and subsequent deportation.

Justice Department's Stance on Return

• 🏛️ The Justice Department states it cannot order Garcia's return to the US due to two main reasons.
• ⚠️ Firstly, they argue it is not in the public interest to return an individual alleged to be part of a vicious gang.
• 🌍 Secondly, federal courts are deemed to lack the legal authority and jurisdiction to compel a foreign government to return an individual who is already in their custody.
• ⛓️ Garcia is currently being held in a notorious supermax-style prison in El Salvador, in the custody of the Salvadoran government.