- by foxnews
- 07 Apr 2025
Xinis ruled that the U.S. Immigration and Customs Enforcement's March 15th expulsion of Garcia violated the Administrative Procedures Act, since it occurred without a judicial proceeding.
"This individual is an illegal criminal who broke our nation's immigration laws. He is a leader in the brutal MS-13 gang, and he is involved in human trafficking," White House press secretary Karoline Leavitt said in a briefing on Tuesday.
"And now MS-13 is a designated foreign terrorist organization. Foreign terrorists have no legal protections in the United States of America. And this administration is going to continue to deport foreign terrorists and illegal criminals from our nation's interior," she added.
DHS Assistant Secretary Tricia McLaughlin told Fox News after the ruling: "The American people should know who this individual is. He's not some American father as the mainstream media will make you believe, he's actually a member of MS-13, and was involved in trafficking. It's unbelievable the framing of this. Whether this man is in El Salvador or in a U.S. detention center, he should be locked up."
An immigration judge five years ago said Garcia, who came to the U.S. illegally in 2011 and asked for asylum, could not be deported to his home country, over concerns he would become a victim of local El Salvador gang members.
His request for asylum was denied, but he was given protection from deportation and ICE didn't appeal the decision.
Garcia's wife, Jennifer Vasquez Sura, who is a U.S. citizen, has vigorously campaigned for his return.
His lawyers have argued the man had a Department of Homeland Security permit to work in the country, and strongly denied any gang affiliations. They also say that the government has given little evidence to back up its claim.
There was no indication how the government would comply, since he is incarcerated in an El Salvador prison under that government's custody, or whether an appeal would be filed by the administration.
Fox News' Cameron Arcand and the Associated Press contributed to this report.
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