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Following Supreme Court order, Maryland senators urge swift return of mistakenly deported man

Maryland senators urge swift return of man mistakenly deported
Maryland senators urge swift return of man mistakenly deported 03:10

U.S. Senator Chris Van Hollen told WJZ he is hopeful that a man who was mistakenly deported from Maryland to El Salvador will soon be returned to the United States following a U.S. Supreme Court order.     

"This was a 9-to-0 opinion, and it shows the desperate need for justice and justice now. It shows that the Trump Administration's decision to abduct him off the streets was wrong from the start. It was shameful. It's very important that the Trump Administration bring him home," Van Hollen told WJZ Investigator Mike Hellgren Thursday. 

Abrego Garcia's mistaken deportation

Senator Van Hollen put pressure on the Trump administration to act after they admitted the deportation last month was a mistake. 

The government argued that Kilmar Abrego Garcia, who came to the United States illegally as a teenager, was an MS-13 gang member

However, a judge found no evidence of gang affiliations, and a court ruled in 2019 that he cannot be deported to El Salvador, where he faced gang violence. 

"What was really appalling is when the administration recognized that they had done that erroneously," Van Hollen said. "They admitted in court they made a mistake, and yet they said, 'Well, we're not going to do anything to correct the mistake.' That was just adding insult to injury." 

Abrego Garcia's wife pleads for his return 

Abrego Garcia's wife said this week she is worried for her husband's safety inside the violent Salvadoran prison known as CECOT. 

"Kilmar, if you can hear me, I'm still fighting for you. Your brother, your mother, our children are still fighting for you. We're not going to give up hope," Jennifer Vasquez Sura told reporters Wednesday.

Future uncertain 

Justices sent the case back to federal Judge Paula Xinis in Maryland, yet questioned whether Judge Xinis has the power to order his return. 

The justices wrote in their unsigned order, "The district court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs. For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps."

You can read the latest filings to the U.S. Supreme Court in the case here

The Trump administration has argued it has no power over the Salvadoran government. Abrego Garcia's lawyers note that the countries have agreements, and the Homeland Security Secretary recently visited the same prison where Abrego Garcia is housed. 

"He needs to be returned immediately, and the Trump Administration has the power to get him home immediately. All they have to do is ask the government of El Salvador, and they will release him," Senator Van Hollen said. "The Supreme Court has been very clear in this case, and so, I expect them to follow the judge's orders. In this case, if they don't, then we're in a whole different universe of trouble."

Van Hollen said he will closely monitor the case. 

Abrego Garcia had been working in Baltimore City as a sheet metal apprentice and was taken to the federal building in Baltimore after his arrest. His wife said since has not heard from him since March 15th. 

"If we begin to ignore due process or short circuit due process in one case, it's a very short road to tyranny for everybody because the whole fundamental idea is that justice does not play favorites, and it's a very slippery slope," Van Hollen said. 

His fellow Maryland Democratic Senator Angela Alsobrooks posted to X Thursday, "If the President is serious about law and order, then he will follow this 9-0 Supreme Court ruling with urgency and return Kilmar to his family here in Maryland."

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