Understanding the Importance of Legal Representation

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In conclusion, the importance of legal representation cannot be overstated. Whether you are dealing with a personal matter or a business-related issue, enlisting the help of a qualified attorney is a vital step toward achieving a successful resolution. By investing in professional legal services, you are not only protecting your rights but also ensuring that you have the best possible chance of navigating the complexities of the legal system effectively.

Back in 2019, the Trump administration had a chance to stop Kilmar Abrego Garcia from staying in the U.S., but they didn’t act. A judge had ruled that Abrego Garcia should not be deported because he would be in danger from gangs if he returned to El Salvador. Immigration authorities had 30 days to challenge that decision — but they didn’t.

This decision became important years later, when Abrego Garcia — a young man from El Salvador living in Maryland — was wrongly deported by Trump’s team and sent to a dangerous prison in El Salvador. His case highlights a major issue: even though the government can deport people, it still has to follow the law.

U.S. Senator Visits Abrego Garcia in El Salvador

On March 15, Abrego Garcia was sent to El Salvador’s CECOT prison. Days later, Maryland Senator Chris Van Hollen met with him there. The senator shared a photo on social media showing them sitting together at a table. Abrego Garcia was wearing a plaid shirt and a Kansas City Chiefs hat.

El Salvador’s president, Nayib Bukele, mocked the meeting online and said Abrego Garcia would not be released. He wrote that Abrego “gets the honor” of staying in prison.

Even though Trump officials admitted the deportation was a mistake, they haven’t fixed it. On April 10, the U.S. Supreme Court said the government must help get Abrego Garcia out of prison and treat his case as if the wrongful deportation never happened. But so far, nothing has been done.

Trump Officials Try to Damage Abrego Garcia’s Reputation

Instead of fixing the mistake, the Trump administration has focused on making Abrego Garcia look bad. This week, the Department of Homeland Security shared old records, including a restraining order from his wife in 2021 and police notes accusing him of gang ties. They posted this under the headline: “THE REAL STORY: Kilmar Abrego Garcia is an MS-13 Gang Member with a History of Violence.”

But the Supreme Court didn’t say Abrego Garcia had to prove he was innocent. What they said was that the government has to follow the law when deporting someone.

Judge Demands Answers from U.S. Officials

A federal judge, Paula Xinis, ordered government officials to answer questions by April 23 about how Abrego Garcia was deported. She also allowed his lawyers to request more documents about the case.

The Trump administration tried to block that in a higher court, but three judges said no. One of them, a conservative appointed by Ronald Reagan, wrote: “The government is acting like it can just send people to foreign prisons without even pretending to follow due process.” Even if Abrego Garcia is connected to a gang, the judge wrote, he still has the right to a fair process.

The 2019 Decision Was Still in Effect When He Was Deported

In 2019, an immigration judge protected Abrego Garcia from deportation by granting something called “withholding of removal.” That protection is given to people who face serious danger if they go back to their home country.

At the time, he had been arrested in a parking lot and was being held in immigration custody. Authorities said his clothes — a Chicago Bulls cap and a hoodie with cartoon money over the eyes, ears, and mouth of presidents — suggested he might be involved with gangs. But the judge didn’t think that was enough proof. He trusted the testimony from Abrego Garcia’s family, who said a different gang in El Salvador had threatened to kill him because they couldn’t pay “protection” money.

“This case is a close call,” the judge wrote. But in the end, he ruled in favor of Abrego Garcia and said the government could appeal within 30 days.

They never did.

That decision was still valid when Abrego Garcia was deported last month. The government’s own database confirms it: he was granted protection in October 2019, and no appeal was filed.

When asked for comment, the White House, the Department of Homeland Security, and ICE said nothing.

John Sandweg, who once led ICE under President Obama, said that if the government really believed Abrego Garcia was dangerous, they would’ve appealed back then. “To me, this shows they weren’t that worried about him,” Sandweg said. “When they are, they always appeal.”

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You may find this article especially insightful: https://theanimallawcenter.com/2025/04/19/the-abrego-garcia-case-federal-court-strongly-criticizes-trump-administration/

Q: What legal protections did Kilmar Abrego Garcia have against deportation before his wrongful deportation?

A: Kilmar Abrego Garcia was granted “withholding of removal” in 2019, which is a legal protection for individuals facing serious danger if returned to their home country. This protection was based on a judge’s assessment that he would be at risk from gangs in El Salvador. Importantly, this decision remained valid at the time of his wrongful deportation, indicating that the government failed to follow due process in his case.