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Trump admin tells judge man wrongly deported to El Salvador is alive, still detained

A member of the Congressional Hispanic Caucus holds a picture of Kilmar Abrego Garcia during a news conference to discuss his arrest and deportation on Apr. 9, 2025 in Washington, DC.
Alex Wong
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Getty Images
A member of the Congressional Hispanic Caucus holds a picture of Kilmar Abrego Garcia during a news conference to discuss his arrest and deportation on Apr. 9, 2025 in Washington, DC.

Updated April 12, 2025 at 23:49 PM ET

A Maryland man who was wrongly deported to El Salvador is alive and still detained in the country, the Trump administration said in a filing to a federal judge on Saturday.

Kilmar Armando Abrego Garcia is being held at El Salvador's Terrorism Confinement Center, according to Michael G. Kozak, a senior official in State Department's Bureau of Western Hemisphere Affairs, citing the United States' embassy in San Salvador in the filing.

"He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador," Kozak also wrote.

The filing follows federal judge Paula Xinis' order on Friday that the Trump administration provide daily updates on their efforts to return Abrego Garcia to the U.S.

In her new order, which was issued after the Supreme Court upheld her original order to bring Abrego Garcia back, Xinis directed the federal government to "take all available steps to facilitate the return" of Abrego Garcia to the U.S. as soon as possible. She also ordered the Justice Department to provide an immediate update on his location and status, the steps the government has taken so far to bring Abrego Garcia back and what additional actions it is considering.

The Trump administration on Friday asked for more time to answer Xinis' questions, arguing that the government needs "a meaningful opportunity to review the Supreme Court's decision before it is ordered to report what steps it will take in response to that decision."

Abrego Garcia is a Salvadoran citizen who has lived in Maryland for almost 15 years. While he initially entered the U.S. without being granted legal status, a federal judge in 2019 granted him protection from being deported, due to concerns for his safety if he were to return to El Salvador. He also has had no criminal record.

Abrego Garcia was arrested in March and, a few days later, placed on a flight with other men the Trump administration alleged were members of the Venezuelan gang Tren de Aragua. A Justice Department lawyer conceded in court that Abrego Garcia's deportation was a mistake, or as he put it, an "administrative error."

Abrego Garcia's attorney, Simon Sandoval-Moshenberg, said in a statement to NPR, "We are incredulous. Twenty-four more hours and still no answers as to what they've done so far, and what they're planning to do going forward, to carry out the Supreme Court's ruling."

Murray Osorio PLLC, an immigration law firm Sandoval-Moshenberg is with that is also representing Abrego Garcia, said in an additional statement that while the acknowledgment of his location is an "overdue first step, it does nothing to address the government's obligation to return him safely and immediately to the United States."

"The continued delay in executing a Supreme Court mandate is not only unacceptable—it is a direct affront to the rule of law," the firm said. "The Department of Homeland Security and the Department of State must act without further delay and provide full transparency about the steps being taken to ensure Mr. Abrego Garcia's safe return."

NPR's Joel Rose, Nina Totenberg and Christina Gatti sontributed to this report.

Copyright 2025 NPR

Corrected: April 13, 2025 at 8:18 AM EDT
An earlier version of this story misspelled one instance of Michael G. Kozak’s name.
Chandelis Duster