by Heather Cox Richardson (thanks to MaryLou P. and others)
This evening, lawyers for the Department of Justice told a federal court that the administration does not believe it has a legal obligation to return Kilmar Armando Abrego Garcia to the United States, despite a court order to do so.
The 29-year-old Abrego Garcia came to the U.S. about 2011 when he was 16 to escape threats from a gang that was terrorizing his family. He settled in Maryland with his older brother, a U.S. citizen, and lived there until in 2019 he was picked up by police as he waited at a Home Depot to be picked up for work as a day laborer. Police transferred him to Immigrations and Customs Enforcement (ICE). After a hearing, an immigration judge rejected his claim for asylum but said he could not be sent back to El Salvador, finding it credible that the Barrio 18 gang had been “targeting him and threatening him with death because of his family’s pupusa business.”
Ever since, Abrego Garcia has checked in annually with ICE as directed. He lives with his wife and their three children, and has never been charged with any crime. The Department of Homeland Security issued him a work permit, and he joined a union, working full time as a sheet metal apprentice.
On March 12, ICE agents pulled his car over, told his wife to come pick up their disabled son, and incarcerated Abrego Garcia, pressing him to say he was a member of MS-13. On March 15 the government rendered Abrego Garcia to the infamous CECOT prison for terrorists in El Salvador, alleged to be the site of human rights abuses, torture, extrajudicial killings. The U.S. government is paying El Salvador $6 million a year to incarcerate the individuals it sends there.
On March 24, Abrego Garcia’s family sued the administration over his removal. (please continue on Page 2 and note the last two paragraphs)