In a stunning admission of error that has left a Maryland family in crisis, the Trump administration acknowledged on March 31 that it wrongfully deported Kilmar Armando Abrego Garcia, a legally protected resident and father, to El Salvador. The administration made this admission in a court filing, describing it as an “administrative error,” but claims it cannot facilitate his return as he is now in Salvadoran custody.
According to court documents, the ordeal began on March 12, 2025, when ICE officers stopped Abrego Garcia and incorrectly informed him that his immigration status had changed. Just three days later, he was flown to El Salvador, despite having protected legal status in the United States.
Abrego Garcia, a first-year sheet metal apprentice with SMART Local 100, had been living in the United States for 15 years and was legally authorized to work and reside in the country. He supported his wife and five-year-old son, who has autism and a hearing impairment, through his full-time work in the construction industry. The family had received assurances that he would not face deportation proceedings after being granted protected status.
The case has taken on additional significance as it comes amid Trump’s recent invocation of the 18th-century Alien Enemies Act and promises of mass deportations. CASA, a prominent immigrant advocacy organization, has been actively involved in advocating for Abrego Garcia’s return, noting that he was taken from his Maryland home despite having a standing legal status.
Rep. Pramila Jayapal has called for immediate action in response to what she terms an “unlawful abduction and deportation.” The situation has become increasingly dire as El Salvador currently maintains the highest prison population rate globally, with serious concerns about human rights conditions in its facilities.
SMART General President Michael Coleman expressed outrage at the situation, stating that Abrego Garcia “was literally helping to build this great country” before his wrongful deportation. Coleman emphasized that Abrego Garcia had no criminal record and had fully complied with all legal requirements during his time in the United States.
Legal experts familiar with similar cases from the previous Trump administration note that such wrongful deportations were typically resolved quickly once errors were discovered. However, the administration’s current stance that it cannot facilitate Abrego Garcia’s return due to his detention in El Salvador has raised concerns among immigration advocates.
The case has become a rallying cry for critics of Trump’s tough immigration policies, with labor unions and immigrant rights organizations joining forces to demand his immediate return. Unite Here, another major labor union, has also spoken out against what they termed the “‘accidental’ deportation” of the Maryland construction worker.
The circumstances of Abrego Garcia’s deportation were particularly shocking, as his wife learned of his removal only after seeing photographs in a news release. This detail has sparked additional criticism about the administration’s handling of deportation cases and communication with affected families.
Human rights organizations have raised serious concerns about conditions in Salvadoran prisons, where detainees are often denied communication with relatives and legal representation. And the legal landscape of the case is particularly complex.
According to attorney Lucia Curiel, Abrego Garcia was granted withholding of removal status in 2019, a special protection that should have prevented his deportation. An immigration judge had determined that he could face persecution if removed to El Salvador.
The Trump administration now argues that federal courts lack jurisdiction to order his return, creating a legal catch-22 that has left his family and advocates scrambling for solutions. His lawyers maintain that the deportation occurred without any legal basis, given his protected status.