Abrego Garcia, a 29-year-old Salvadoran, found himself at the center of a national legal firestorm. His wrongful deportation to El Salvador has garnered national media outrage. He had a valid work permit issued by the Department of Homeland Security (DHS) and a clean criminal record. Inexplicably, though, immigration agents still detained him and deported him against his will from the United States. His current predicament has led to a widespread outcry and raised serious concerns about the rule of law behind our immigration system.
Garcia is currently working to obtain a journeyman license as a sheet metal apprentice. He has never been charged with or convicted of a crime. He has built a good life for himself and his wife, now a U.S. citizen, and become a valuable member of our society. Immigration agents did just that, arresting him without warning. They then shipped him off to a prison in El Salvador, a country well known for the levels of violence.
In 2019, an immigration judge had already prevented the U.S. government from deporting Garcia to El Salvador. This decision was made on the basis of his likelihood of persecution and harm to his safety in his country of origin. Even after the ruling, he was deported anyway. This is an untenable state of affairs and it undermines the effectiveness and accountability of the immigration system to a shocking degree.
At a court hearing in late 2021, a Justice Department attorney conceded that Garcia was wrongfully deported. His lawyer was able to prove there was no evidence linking him to MS-13, the infamous gang the White House first tried to link him with. This intentional mischaracterization has led to even more criticism of the federal government’s approach towards cases affecting immigrants.
Deporting Garcia was an “administrative error,” the White House later claimed. To support their stories, they focused on the nuances and shortcomings of the immigration journey. We are grateful the government has recognized this for what it is. At least for now, they are unequivocal that it’s not practical to bring Garcia back to the United States.
Unfortunately, as it stands, Abrego Garcia is no longer in U.S. custody and continues to live under very precarious circumstances in El Salvador. His case highlights the need for systemic change in immigration policy so that similar tragedies don’t repeat themselves.
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