A wrongful deportation case involving a Maryland tradesworker has triggered outcry from the labor community, legal system, and immigration advocates. Kilmar Abrego Garcia, a first-year apprentice with the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) Local 100, was mistakenly deported to El Salvador in March — despite being granted asylum in 2019 and having no criminal record.

The union is now demanding urgent federal action to return Abrego Garcia to the U.S.

“This egregious violation of our brother’s rights has been acknowledged by federal courts and even the U.S. government, which admits his removal was an ‘administrative error,’” SMART said in an April 10 statement. “However, Kilmar remains in custody overseas, and the federal government has failed to take action to bring him home, even contesting a court order to do so.”

Abrego Garcia had only recently started his apprenticeship when he was detained on March 12 and deported three days later. According to court filings, he was removed despite protections under his asylum status, which shielded him specifically from removal to El Salvador.

The Department of Justice conceded in court that “Abrego Garcia was improperly removed to El Salvador,” but also argued that, technically, he could still be deported to any country except that one.

On April 10, the U.S. Supreme Court upheld a Maryland court’s ruling directing the administration to bring him back. However, the situation grew more complicated after El Salvador’s President Nayib Bukele publicly rejected the possibility of returning Abrego Garcia.

During a meeting at the White House, Bukele called the idea “preposterous” and referred to the deported tradesworker as “a terrorist.”

Meanwhile, the White House shifted its narrative, reportedly telling NBC News that Abrego Garcia’s removal was not a mistake.

Federal officials claim that while they’re obligated to provide transportation, it is ultimately up to El Salvador to release him. Attorney General Pam Bondi emphasized that “Abrego Garcia is in El Salvador’s custody,” according to NPR.

The union says such arguments don’t absolve the U.S. of responsibility.

“The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process,” SMART said. “The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable.”

The impact of this case ripples beyond Abrego Garcia himself. About 26% of construction workers in the U.S. are immigrants, and 13% lack legal authorization to work, according to Pew Research Center data.

Labor advocates fear that the case sets a troubling precedent, especially as former President Donald Trump’s administration had promised mass deportations and aggressively ramped up removals — including of individuals without criminal records.

“Kilmar Abrego Garcia’s mistaken deportation to El Salvador is not just a bureaucratic mistake. It is a breach of due process and a failure to uphold the rule of law,” said George Carrillo, co-founder and CEO of the Hispanic Construction Council. “Situations like this painfully show how flawed immigration systems can strip away the humanity of individuals by treating them as case files instead of people with aspirations and rights.”

Carrillo also urged the government to not only return Abrego Garcia, but to build protections that ensure such deportations don’t happen again.

John Dorer, CEO of eb3.work — a company that helps foreign-born workers navigate visa pathways — also warned of broader consequences.

“Speaking more broadly, removing individuals in defiance of U.S. Supreme Court rulings is not just a legal issue. It sets a dangerous precedent for how laws are interpreted and enforced,” Dorer said. “This undermines stability for businesses and workers alike.”

As the legal and political battle continues, Abrego Garcia remains in custody in El Salvador — his apprenticeship and future hanging in limbo.

Originally reported by Matthew Thibault in Construction Dive.