WASHINGTON – U.S. Senators Chris Coons (D-Del.), Chris Van Hollen (D-Md.) and 23 other senators wrote to U.S. Homeland Security Secretary Kristi Noem and U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons urging them to return Kilmar Abrego Garcia to the United States. Abrego Garcia, a father who was living under protected status in Maryland with his family, was wrongfully deported without due process by the Trump Administration last month to a maximum-security prison in El Salvador. The administration has admitted that Abrego Garcia’s deportation was the result of an “administrative error.”

In their letter, the senators call on the Trump administration to comply with the court order requiring that they facilitate Abrego Garcia’s return. They also ask for responses to a series of questions regarding ICE’s enforcement policies that may have led to this grave error and what measures they will take to ensure such an incident does not occur again.

In addition to Senators Coons and Van Hollen, this letter was signed by Senators Angela Alsobrooks (D-Md.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Martin Heinrich (D-N.M.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Amy Klobuchar (D-Minn.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Adam Schiff (D-Calif.), Jeanne Shaheen (D-N.H.), Mark Warner (D-Va.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).

The senators wrote, “We write to express our concerns regarding the deportation of Kilmar Abrego Garcia to El Salvador, an action which the administration admitted in a recent court filing was an “administrative error.” It is unacceptable that anyone would be deported without proper due process, especially where an immigration judge has granted the individual protected status that explicitly prohibits his return to El Salvador. We demand that the Administration bring Mr. Abrego Garcia home immediately.”

“Per court filings, Mr. Abrego Garcia came to the United States in 2011 as a teenager fleeing gang threats in his home country of El Salvador. In 2019, ICE arrested Mr. Abrego Garcia over an unfounded and anonymous allegation that he was involved with MS-13, which placed him in deportation proceedings. The U.S. immigration judge in the case ultimately found that it was in fact Mr. Abrego Garcia who was at risk of being the victim of gang violence,” the senators wrote. “This ruling was made under the Trump Administration in 2019 and was in fact required by law under section 241(b)(3) of the Immigration and Nationality Act once the immigration judge made the factual determination that Mr. Abrego Garcia faced a likelihood of torture in El Salvador. At the time, the Trump Administration made no effort to appeal the judge’s ruling or pursue Mr. Abrego Garcia’s deportation further. Court filings attest that Mr. Abrego Garcia has complied with regular ICE check-ins, has no criminal charges, and has had no contact with any other law-enforcement agency since his release in 2019.”

“Mr. Abrego Garcia is currently being held at CECOT, a maximum-security prison in El Salvador notorious for human rights abuses, after being deported in violation of the law to the very country where his return was impermissible,” they continued. “And when the administration makes a mistake as severe as sending an individual with protected status to a foreign prison, it cannot simply shrug off responsibility and allege that there is nothing it can do to reunite him with his wife and child, who are American citizens.”

“On Friday, a U.S. District Court judge in the District of Maryland ordered the government to return Mr. Abrego Garcia to the United States, and on Monday the Fourth Circuit denied the government’s motion to stay the order. The administration should promptly comply with the district court’s order,” the senators urged.

The senators closed the letter with a series of questions to Secretary Noem and Acting Director Lyons, requesting a response by April 22:

  1. The standard and legal course for the government to take to deport someone with protected status would be to reopen the case, introduce evidence that grounds for terminating the protected status exist, and then allow an immigration judge to make a determination as to their status. Why was that course of action not taken in this case? 
  2. In the past, DHS and ICE worked to quickly return people to the U.S. who were erroneously deported. Why is DHS and ICE no longer following these well-established procedures and practices?   
  3. Vice President J.D. Vance and Press Secretary Karoline Leavitt have both claimed that Mr. Abrego Garcia is an MS-13 gang member, but the government was unable or unwilling to provide any evidence to substantiate that claim to the court. Please provide any evidence of Mr. Abrego Garcia’s membership in MS-13.
  4. Given that the Administration is reportedly paying $6 million to El Salvador to detain deported immigrants at CECOT, why does it believe that there is nothing it can do to return Mr. Abrego Garcia to his family in the United States? Please provide a copy of the agreement between the U.S. and El Salvador on the detention of people deported from the U.S. in CECOT.
  5. Are there any other cases that the administration is aware of in which an immigrant with protected status was illegally deported without due process? If so, identify those cases and explain what, if anything the government is doing to rectify those errors.
  6. Will the administration commit to reviewing all of the cases of its deportees to ensure that it has appropriately identified all of the errors?
  7. What actions will the administration take in the future to ensure that immigrants with protected status are afforded their appropriate due process?

You can read the full letter here.