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Maryland man must be returned to the US after his illegal deportation, judge rules

Federal Judge Paula Xinis ruled Friday that Kilmar Abrego Garcia was apprehended "without legal basis" and removed to El Salvador illegally, "without any legal process."
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A federal judge in Maryland has ruled the Trump administration must immediately return a Maryland man to the U.S. after he was mistakenly deported to El Salvador.

Federal Judge Paula Xinis ruled Friday that Kilmar Abrego Garcia was apprehended "without legal basis" and removed to El Salvador illegally, "without any legal process." He must now be returned to the U.S. no later than 11:59pm on Monday, April 7.

Abrego Garcia was deported on March 15 as the U.S. sent three planes from the U.S. to El Salvador, purporting that those on the planes were members of the Tren de Aragua and MS-13 gangs. The deportations came after President Donald Trump enacted the Alien Enemies Act regarding the invasion of the United States by the Tren de Aragua.

"This was an oversight, and the removal was carried out in good faith based on the existence of a final order of removal and Abrego Garcia’s purported membership in MS-13," an Immigration and Customs Enforcement official said.

RELATED STORY | Man granted asylum sent to El Salvador prison due to 'administrative error'

According to court filings, Abrego Garcia was accused of being a member of the MS-13 gang in 2019 and was subject to deportation. The Department of Justice said in its filing that Abrego Garcia is a danger to the community, and there is a "strong public interest" against importing alleged members of a violent gang into the U.S., despite a judge granting him asylum in 2019.

This is a breaking news story and will be updated.