Trump Admin Blames 'Administrative Errors' After ICE Deports Wrong Man
By Billal Rahman
President Donald Trump's administration deported a Salvadoran man minutes after a federal appeals court blocked his removal while his immigration case progressed.
Jordin Melgar-Salmeron was deported to El Salvador on May 7 despite an order from the U.S. Court of Appeals for the Second Circuit, New York, blocking it.
The government has since denied that it violated the order, instead blaming the situation on a "confluence of administrative errors," according to a court filing last week.
Newsweek has contacted the Department of Homeland Security (DHS) for comment outside of typical working hours.
ICE
Immigration and Customs Enforcement officers in Portland, Oregon, in 2018. Alex Milan Tracy/Sipa via AP Images
Why It Matters
The Trump administration is involved in a number of legal battles concerning migrants who say they were mistakenly deported from the U.S. under its direction.
In March, more than 200 migrants suspected of being gang members were deported to El Salvador under the Alien Enemies Act.
Kilmar Abrego Garcia was one of migrants deported to the country's notorious CECOT prison, in what Trump administration lawyers later called an "administrative error." He has not been convicted of any crimes.
What To Know
In its filing last week, the government denied violating the appeals court's order, blaming the situation on a "a confluence of administrative errors." The government argued that because the deportation process had begun before the court issued its formal order at 9:52 a.m. on May 7, the ruling was not breached.
According to the government's timeline, the plane transporting Melgar-Salmeron to El Salvador did not depart from Alexandria, Louisiana, until 10:20 a.m. ET. The government had previously provided the court with what the judges described as an "express assurance" that no deportation would be scheduled for him until the following day.
In a filing submitted Wednesday in response to questions from a three-judge appellate panel, the government outlined a series of communication breakdowns between an Immigration and Customs Enforcement (ICE) office in Buffalo, responsible for overseeing Melgar-Salmeron's legal case, and another office in Louisiana, where he was detained.
According to an ICE official, administration lawyers emailed the Buffalo office at 10.08 a.m. on May 7, but the office did not register the court's order in ICE's internal system until 10.45 a.m., after the flight had already departed.
On Thursday, Melgar-Salmeron's family informed his lawyer, Matthew Borowski, that he was being held at Izalco prison in El Salvador, a facility known for its harsh conditions, according to the Investigative Post. In March, a Human Rights Watch director stated that some detainees at Izalco prison face conditions that amount to torture.
Melgar-Salmeron was appealing an order for his removal. He had prior affiliation with the MS-13 street gang and previously served two years in federal prison after pleading guilty to possession of an unregistered sawed-off shotgun. His lawyer noted that he had since disavowed MS-13 and now has a wife and four children in Virginia.
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What People Are Saying
Attorney Matthew Borowski told The New York Times: "It would be an absurd level of mistake... Verifying the paperwork and putting the right people on the plane is their job."
DHS said in court filings: "ERO Buffalo did not directly communicate to ERO New Orleans that the Government had made an assurance to this Court that ICE would forbear Petitioner's removal through May 8, 2025."
What Happens Next
The appellate judges have yet to reveal their intended course of action.
Borowski indicated that he would soon submit a motion requesting the court to appoint a special master to evaluate whether any officials should be held in criminal contempt.
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