1. United States
2. Texas
3. Letter

I write to urgently request that Congress and the Department of Justice open a formal investigation and pursue appropriate charges in connection with the unlawful deportation and continued foreign detention of Mr. Kilmar Abrego Garcia, a legal U.S. resident who was removed from the country in direct violation of a protective court order. Mr. Garcia, who resided in Maryland and had lawful immigration status, was deported to CECOT, a notorious high-security prison in El Salvador, due to what ICE officials have described as an “administrative error.” However, the situation no longer involves error—it involves ongoing, knowing inaction. Multiple federal agencies, including ICE, DHS, and DOJ, are now fully aware that Mr. Garcia’s deportation was unlawful, yet no one has taken meaningful steps to bring him home. Officials have even publicly admitted that they currently have “no way” to retrieve him, despite acknowledging his innocence and the clear violation of due process. As the Supreme Court clarified in Delligatti v. United States (2025), knowingly causing harm through omission, where a legal duty to act exists, can constitute the “use” of force under federal criminal law. The prolonged detention of Mr. Garcia—despite government awareness of his legal status and the unlawful circumstances of his removal—clearly meets that standard. This is no longer a matter of bureaucratic failure. It is a matter of deliberate governmental neglect, resulting in a U.S. resident being trapped in a foreign prison, possibly indefinitely. The individuals within federal agencies who now know the facts yet continue to withhold action may be criminally liable under the precedent set by Delligatti. I respectfully request that the Department: • Investigate the full chain of responsibility in Mr. Garcia’s case, • Identify those who had the legal authority and duty to act, • And pursue criminal charges where failure to act knowingly resulted in Mr. Garcia’s ongoing harm. The U.S. government cannot abandon its legal residents to indefinite foreign imprisonment and claim innocence. Accountability is not optional—it is the foundation of justice.