In 2019, an individual named Kilmar Armando Abrego Garcia found himself in a complex situation with the Immigration and Customs Enforcement (ICE). The immigration judge, based on gathered evidence, had identified him as a gang member and consequently denied his request for bond. This decision was not reversed but rather reinforced as it went through the appeal process.
However, the controversy ballooned when two federal judges questioned the credibility of the evidence against Abrego Garcia, stating it was unfounded. The primary basis for the gang membership claim had been the attire he had been wearing during his 2019 arrest, as well as revelations from a confidential source that had been provided by a subsequently dismissed police officer.
Against this backdrop, an unusual turn of events ensued. Later that same year, a judge ruled in favor of Abrego Garcia and protected him from deportation to El Salvador. But according to the Trump administration’s statement in a court filing in March, there was an unintentional administrative mishap which resulted in Abrego Garcia’s accidental deportation to his native country.
Regardless of the accidental deportation, former President Donald Trump remained assertive. Abrego Garcia, a 29-year-old who had unlawfully crossed the U.S. border in early 2010s according to court fillings, was described by Trump as a potential threat. His stance remained steadfast despite legal advisers stating that Abrego Garcia had moved to Maryland to join his brother, a U.S. citizen.
The story, however, took another turn as questions were raised about the former President’s representation of Abrego Garcia’s court proceedings and history. Critics claimed essential details were overlooked which could have given audiences a different perspective on the matter. One constant, however, throughout the lengthy court battle, was Abrego Garcia’s insistence that he was not part of any gang.
The ICE lawyers themselves referred to the deportation as an administrative error in the court documents filed in March, effectively confirming Abrego Garcia’s claims. Despite the clear court instruction that he not be deported to El Salvador, a mix-up had occurred and Abrego Garcia was erroneously sent back.
Subsequently, in an unprecedented move, the U.S. Supreme Court intervened in April to rectify the situation. In response to the error, it concluded in an unsigned order that the U.S. government was bound by duty to arrange for his release from El Salvador.
An interesting fact in this imbroglio was the initial accusation leveled against Abrego Garcia of being an MS-13 gang member. The assertion was based purely on his clothing and an anonymous source’s testimony, leading to his arrest while seeking day labor at a Home Depot store in Maryland in 2019.
The government’s evidence asserting Abrego Garcia’s involvement with the notorious MS-13 gang was deemed quite insufficient by the Fourth Circuit Court of Appeals Judge, Stephanie Thacker. She stated that the government’s ‘evidence’ demonstrated a very slim connection between Abrego Garcia and the gang.
It wasn’t until October 2019, during Trump’s tenure, that David M. Jones, a federal immigration judge, awarded Abrego Garcia a ‘withholding of removal’ – essentially a shield from being deported back to El Salvador. Reasoning that his minor life had seen attempts of gang induction and extortions towards his mother, the judge deemed deportation a potential life threat.
However, Abrego Garcia’s request for asylum was declined, mainly due to elapsed time since his entry into the U.S. Nevertheless, the ‘withholding of removal’ allowed him to work legally in the U.S. although it didn’t free him completely from the danger of deportation.
Interestingly, despite the protection granted to Abrego Garcia, he was still prone to potential deportation. The ruling prohibited his deportation specifically to El Salvador, but it was still plausible that he could be deported to a different country.
It’s noteworthy that the Trump administration did not contest the ‘withholding of removal’ ruling. It implicitly affirmed at that moment that Abrego Garcia was not viewed as a threat and there has been no new evidence presented otherwise since then, demonstrating the wisdom and fair judgment of the administration.