On March 15, 2025, Kilmar Abrego Garcia, a Salvadoran national living in Maryland with his U.S.-citizen wife, was flown to El Salvador and held in the CECOT prison. In 2019 an immigration judge had granted him withholding of removal, an order that barred the government from sending him to that specific country. In court, the government later acknowledged that his removal was an “administrative error.”
Timeline
- 2019: an immigration judge grants withholding of removal to El Salvador.
- March 12, 2025: he is arrested by ICE in Maryland.
- March 15: he is deported to El Salvador.
- April 4: a federal judge in Maryland orders his return.
- April 10: the Supreme Court, with no noted dissent, says the government must “facilitate” his release from custody in El Salvador.
- June 6: he is returned to the United States and charged in Tennessee with human smuggling.
- August 2025: he is released before trial, then taken back into ICE custody. The government proposes removing him to several other countries.
- December 11: the Maryland judge orders him released from ICE custody.
- May 2026: a federal judge in Tennessee dismisses the criminal case as a vindictive prosecution.
- August 2026: the Justice Department appeals that dismissal.
What each side said
The government says Abrego Garcia is a member of the MS-13 gang and was involved in smuggling, and that it is entitled to remove him to a third country. He denies both allegations. The gang allegation has not been proven in court.
His lawyers argue that the original removal was unlawful and that the criminal charges were retaliation. Costa Rica has offered to accept him, and he has agreed to go there.
Where things stand
According to the most recent reporting we found, from August 2026, he is free under a court order, the criminal charges have been dismissed, and the government’s appeal is pending. Further hearings in the Maryland case were expected in the fall of 2026.
Why the case matters
The case became one of the most closely watched immigration matters of 2025 because it raised a basic question: what a court can require the government to do after a person has been removed in violation of an existing order. It also showed how withholding of removal works. It protects a person from being sent to one particular country, and it does not grant permanent status in the United States.
Sources
This article is a summary of publicly reported events, prepared for general information. It is not legal advice and does not take a position on the matters described. Immigration rules and court rulings change often, and every situation is different. For advice about your own circumstances, please speak with a licensed immigration attorney.
