A Maryland man who was deported to El Salvador by the Trump Administration on an admitted “administrative error” is now stuck in the country’s notorious mega-prison after ICE officials have seemingly wiped their hands of their mistake.

Last month, Kilmer Armado Abrego Garcia, a Salvadoran immigrant with protected immigration status, was apprehended by ICE officers “due to his prominent role in MS-13” as part of the Trump administration’s invocation of a centuries-old wartime Alien Enemies Act to round up and deport suspected gang members en masse, according to court papers.

In a sworn declaration, Robert L. Cerna, acting field office director for ICE, acknowledged that officials were aware of Mr. Abrego Garcia’s withholding of removal to El Salvador granted to him by an immigration judge in 2019.

“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,’ Mr. Cerna said.

Mr. Abrego Garcia’s attorneys are demanding the court to force the Trump administration to return Mr. Abrego Garcia to the custody United States, where he is married to a U.S. citizen and the father of a five-year-old son, and for the government to “stop paying compensation to the Government of El Salvador for the detention of Plaintiff Abrego Garcia.”

But Trump attorneys contend that despite their mistake, they are unable to return Mr. Abrego Garcia to the United States, as he is no longer in American custody and is currently under Salvadoran jurisdiction.

Acting Assistant Attorney General Yaakov M. Roth insisted that President Trump’s “primacy in foreign affairs” and the “public interest in not returning a member of a violent criminal gang to the United States” both outweighed Mr. Abrego Garcia’s return, according to court filings.

Responding to former Obama speechwriter and Pod Save America host Jon Favreau on X, Vice President Vance defended the government’s actions, despite the admitted mistake. 

“My comment is that according to the court document you apparently didn’t read he was a convicted MS-13 gang member with no legal right to be here. My further comment is that it’s gross to get fired up about gang members getting deported while ignoring citizens they victimize,” Mr. Vance wrote on X.

Mr. Abrego Garcia’s attorneys insist that their client has no prior affiliation or membership with Tren de Aragua or MS-13. “He has never been charged or convicted of any criminal charges, in the United States, El Salvador, or any other country,” his attorneys said in their request for relief.

In 2019, Mr. Abrego Garcia was arrested along with four other men by a police detective in Hyattesville, Maryland. He was handed over to ICE custody after one of the men told police that Mr. Abrego Garcia was a ranking member of MS-13. After being denied bond and facing deportation, Mr. Abrego successfully applied for protected status under the United Nations Convention Against Torture. 

Last month, Mr. Abrego Garcia was driving home from his job as a sheet metal worker apprentice when he was pulled over and apprehended by ICE officers and informed that his “status has changed,” his attorneys allege.

Mr. Abrego Garcia was transferred to an ICE detention center in Texas, despite ICE knowing at the time of his grant of withholding from the United States. “Reference was made to this status on internal forms,” said Mr. Cerna. Mr. Abrego Garcia was not on the original manifest on the flight to El Salvador as it was designed to include those with “no impediments to removal.” 

“As others were removed from the flight for various reasons, he moved up the list and was assigned to the flight. The manifest did not indicate that Abrego-Garcia (sic) should not be removed,” said Mr. Cerna. 

Despite their mistake, ICE still deported Mr. Abrego Garcia on what it said was “good faith.” Mr. Abrego Garcia is currently being held in El Salvador’s Terrorism Confinement Center, or CECOT, which can hold upwards of 40,000 inmates. Last week, Homeland Security Secretary Kristi Noem stood in front of bare-chested and tattooed inmates while posing for a video for her X account, where she promised to hunt down and arrest criminal illegal aliens and put them” in this El Salvadorian prison.”

In its filing, Mr. Roth insisted that there is “no clear showing that Abrego Garcia himself is likely to be tortured or killed in CECOT.”

Last month, Mr. Trump’s invocation of the 1798 Alien Enemies Act to deport alleged Venezuelan gang members was temporarily halted by U.S. federal judge James Boasberg, who last week extended his restraining order until April 12. Mr. Trump has since asked the Supreme Court to lift Mr. Boasberg’s order.

Mr. Abrego Garcia’s case will be heard before a District Court Judge in Maryland on Friday.