SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
Jennifer, center, whose husband Kilmar Abrego Garcia was deported by ICE, is hugged by a staff member of CASA, at the CASA Multicultural Center during a press conference ahead of Garcia's hearing.
(Photo by Getty Images)
'Totally Lawless': Judge Orders Trump to Return Man Sent to El Salvador Prison in 'Error'
"This was an illegal act," said U.S. District Court Judge Paula Xinis.
Apr 06, 2025
A federal court judge on Sunday declared the Trump administration's refusal to return a man they sent to an El Salvadoran prison in "error" as "totally lawless" behavior and ordered the Department of Homeland Security to repatriate the man, Kilmar Armando Abrego Garcia, within 24 hours.
In a 22-page ruling, U.S. District Judge Paula Xinis doubled down on an order issued Friday, which Department of Justice lawyers representing the administration said was an affront to his executive authority.
"This was an illegal act," Xinis said of DHS Secretary Krisi Noem's attack on Abrego Garcia's rights, including his deportation and imprisonment.
"Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of [immigration law]," the decision states.
Once imprisoned in El Salvador, the order continues, "U.S. officials secured his detention in a facility that, by design, deprives its detainees of adequate food, water, and shelter, fosters routine violence; and places him with his persecutors."
Trump's DOJ appealed Friday's order to 4th Circuit Court of Appeals, based in Virginia, but that court has not yet ruled on the request to stay the order from Xinis, which says Abrego Garcia should be returned to the United States no later than Monday.
Why Your Ongoing Support Is Essential
Donald Trump’s attacks on democracy, justice, and a free press are escalating — putting everything we stand for at risk. We believe a better world is possible, but we can’t get there without your support. Common Dreams stands apart. We answer only to you — our readers, activists, and changemakers — not to billionaires or corporations. Our independence allows us to cover the vital stories that others won’t, spotlighting movements for peace, equality, and human rights. Right now, our work faces unprecedented challenges. Misinformation is spreading, journalists are under attack, and financial pressures are mounting. As a reader-supported, nonprofit newsroom, your support is crucial to keep this journalism alive. Whatever you can give — $10, $25, or $100 — helps us stay strong and responsive when the world needs us most. Together, we’ll continue to build the independent, courageous journalism our movement relies on. Thank you for being part of this community. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
A federal court judge on Sunday declared the Trump administration's refusal to return a man they sent to an El Salvadoran prison in "error" as "totally lawless" behavior and ordered the Department of Homeland Security to repatriate the man, Kilmar Armando Abrego Garcia, within 24 hours.
In a 22-page ruling, U.S. District Judge Paula Xinis doubled down on an order issued Friday, which Department of Justice lawyers representing the administration said was an affront to his executive authority.
"This was an illegal act," Xinis said of DHS Secretary Krisi Noem's attack on Abrego Garcia's rights, including his deportation and imprisonment.
"Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of [immigration law]," the decision states.
Once imprisoned in El Salvador, the order continues, "U.S. officials secured his detention in a facility that, by design, deprives its detainees of adequate food, water, and shelter, fosters routine violence; and places him with his persecutors."
Trump's DOJ appealed Friday's order to 4th Circuit Court of Appeals, based in Virginia, but that court has not yet ruled on the request to stay the order from Xinis, which says Abrego Garcia should be returned to the United States no later than Monday.
From Your Site Articles
- Trump Backs 'Blatantly Unconstitutional' Proposal to Send US Citizen Inmates to El Salvador Prisons | Common Dreams ›
- Chief Justice Blocks Court Order Requiring Return of Man Sent to El Salvador Prison | Common Dreams ›
- 'Lawless': Trump DOJ Defies Supreme Court Order for Return of Man Sent to Salvadoran Prison | Common Dreams ›
- Abrego Garcia Family Flees to Safe House After Trump DHS Posts Home Address on Social Media | Common Dreams ›
A federal court judge on Sunday declared the Trump administration's refusal to return a man they sent to an El Salvadoran prison in "error" as "totally lawless" behavior and ordered the Department of Homeland Security to repatriate the man, Kilmar Armando Abrego Garcia, within 24 hours.
In a 22-page ruling, U.S. District Judge Paula Xinis doubled down on an order issued Friday, which Department of Justice lawyers representing the administration said was an affront to his executive authority.
"This was an illegal act," Xinis said of DHS Secretary Krisi Noem's attack on Abrego Garcia's rights, including his deportation and imprisonment.
"Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of [immigration law]," the decision states.
Once imprisoned in El Salvador, the order continues, "U.S. officials secured his detention in a facility that, by design, deprives its detainees of adequate food, water, and shelter, fosters routine violence; and places him with his persecutors."
Trump's DOJ appealed Friday's order to 4th Circuit Court of Appeals, based in Virginia, but that court has not yet ruled on the request to stay the order from Xinis, which says Abrego Garcia should be returned to the United States no later than Monday.
From Your Site Articles
- Trump Backs 'Blatantly Unconstitutional' Proposal to Send US Citizen Inmates to El Salvador Prisons | Common Dreams ›
- Chief Justice Blocks Court Order Requiring Return of Man Sent to El Salvador Prison | Common Dreams ›
- 'Lawless': Trump DOJ Defies Supreme Court Order for Return of Man Sent to Salvadoran Prison | Common Dreams ›
- Abrego Garcia Family Flees to Safe House After Trump DHS Posts Home Address on Social Media | Common Dreams ›
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.