A diplomatic and legal firestorm has erupted following revelations that the U.S. Department of Justice (DOJ) wrongfully deported a Maryland man, Kilmar Abrego Garcia, to El Salvador—only for him to end up imprisoned in one of the most notorious detention facilities in Central America.
Even more shocking? Despite a U.S. Supreme Court order calling for his return, El Salvador’s President Nayib Bukele has refused to comply. His stance has not only stunned legal experts but also raised complex questions about sovereignty, immigration policy, and international law.
The U.S. government admits the deportation was an “administrative error.” But instead of resolving the issue, the situation is now a standoff—one that leaves a man’s life hanging in the balance and puts the spotlight on the limits of U.S. power abroad.
Here’s a comprehensive look at how this extraordinary situation unfolded—and why it’s far from over.
Who Is Kilmar Abrego Garcia?
His Life in Maryland Before Deportation
Kilmar Abrego Garcia had been living in Maryland, where he was reportedly an active community member and had filed for asylum due to threats from MS-13 gang members in El Salvador. According to legal filings, he had received temporary protection from deportation by a U.S. immigration court because his life would be in danger if returned to his home country.
He was not under criminal investigation and had no known affiliations with criminal groups. In fact, many within his Maryland community considered him a model immigrant who fled violence and sought legal refuge.
Legal Protection Against Deportation
Garcia’s immigration attorney successfully argued that his return to El Salvador would likely result in persecution, if not death. The court sided with this argument and granted him protection under U.S. immigration law—a status that should have prevented any removal order.
That protection, however, was bypassed or lost in translation. Whether it was a bureaucratic mistake or a failure to communicate between agencies, Garcia’s name landed on a list of individuals to be deported.
Why He Was Mistakenly Deported
In March 2025, Garcia was abruptly detained by Immigration and Customs Enforcement (ICE) and placed on a flight to El Salvador. Despite ongoing legal appeals and court orders, he was removed from the country under claims that he was a “national security threat”—a claim later determined to be based on incorrect or misinterpreted data.
The DOJ later admitted the error, calling the deportation a “procedural failure” rather than a targeted act. But by then, the damage had been done: Garcia was already in El Salvador’s hands.
The Mistake by the U.S. Department of Justice
What the DOJ Admitted
Shortly after the deportation, internal documents confirmed the U.S. government’s mistake. Officials acknowledged that Garcia’s name had been mistakenly flagged under a post-9/11 database linking potential asylum seekers to terror threats, including MS-13.
While Garcia had previously testified about MS-13 violence, there was no credible evidence that he was affiliated with the gang. The DOJ now refers to the case as a “misclassification,” though legal experts argue that such a mistake highlights deep flaws in the U.S. immigration system.
Confusion Over Terrorism Allegations
The confusion appears to stem from the fact that MS-13 is classified as a transnational terrorist organization—both in the U.S. and El Salvador. However, associating a victim of gang violence with the gang itself is not only unjust, but in Garcia’s case, a violation of due process.
The Supreme Court issued a ruling in late March demanding that Garcia be returned to the U.S., citing the wrongful deportation as a violation of his legal rights under federal protection.
The Supreme Court’s Involvement
The case escalated all the way to the U.S. Supreme Court, which ruled in favor of Garcia’s legal team. In a rare decision addressing immigration errors, the court ordered the DOJ to facilitate his safe return and to halt further removals of individuals in similar legal positions.
But enforcing such a decision on foreign soil? That’s where things have gotten murky.
El Salvador’s Position on the Case
Bukele’s Public Response
President Nayib Bukele has taken a firm stand. In a series of public statements, he refused the idea of extraditing or releasing Garcia. Calling the request “preposterous,” Bukele said that Garcia is being detained under El Salvador’s own national laws, and that he has no legal grounds to override that process—even under international pressure.
His response is being interpreted as both a political move and a national sovereignty defense.
CECOT Prison Detention Explained
Garcia is currently held in CECOT, El Salvador’s controversial high-security prison designed for gang members and terrorists. Conditions at the prison are notoriously harsh, with minimal access to legal representation and communication.
Critics say this violates human rights norms, especially for a man who hasn’t been convicted of a crime either in the U.S. or in El Salvador.
National Security and MS-13 Classification
El Salvador has launched a wide-scale crackdown on gang activity under Bukele’s administration, leading to over 75,000 arrests. Anyone suspected of gang affiliation—even without concrete evidence—can be detained under emergency laws.
Garcia’s presence in El Salvador, regardless of his circumstances, may have triggered automatic detainment under those sweeping powers.
