WASHINGTON (NEXSTAR) – Democratic lawmakers are demanding the Trump administration return a 29-year-old Salvadoran national mistakenly deported and sent to a maximum-security prison in El Salvador last month.
The man, Kilmar Garcia, was taken into custody by ICE agents in Maryland on March 12 during a sweep targeting MS-13 gang members. The Trump administration later admitted Garcia’s deportation was an “administrative error.”
“Do the right thing,” said Garcia’s wife, Jennifer Vasquez Sura, during an emotional press conference held on Capitol Hill. “It’s been 28 days since I last saw my husband, since his children hugged him.”
A federal judge had ordered Garcia be returned to the U.S. by the start of the week. However, Supreme Court Chief Justice John Roberts issued a temporary stay, delaying his release.
“This so-called administration error has destroyed my family’s happiness—my children’s innocence,” Vasquez Sura said.
Garcia, who came to the U.S. legally as a teenager, has no criminal record, according to members of the Congressional Hispanic Caucus. His attorneys say Garcia had a DHS permit to work in the U.S.
“This is someone who has not broken any laws whatsoever,” said Rep. Adriano Espaillat (D-N.Y.). “He has been legally here.”
Despite this, the Trump administration is opposing efforts to bring Garcia back. Former U.S. Attorney General Pam Bondi defended the deportation, saying, “He is a known gang member. ICE testified that he was a gang member.”
The Justice Department argues it lacks the authority to return Garcia because he is no longer in U.S. custody.
Sen. Chris Van Hollen (D-Md.) rejected that explanation. “The Trump administration is lying,” he said.
Van Hollen and nearly two dozen Senate Democrats sent a letter to the Department of Homeland Security, calling the administration’s refusal to act “unacceptable.” The group is also asked for responses to a series of questions regarding ICE’s enforcement policies.
Rep. Nydia Velázquez (D-N.Y.) vowed the fight will continue. “We will not stop,” she said.
The Hispanic Caucus now says it will appeal directly to El Salvador’s president for Garcia’s release and is seeking permission to visit the prison where he is being held.