Cerna's filing reveals the result of a mass expulsion operation in which hundreds of people were afforded no due process rights in violation of the U.S. Constitution: At least one person with legal protected status in the United States who was not convicted of a crime is now imprisoned in a country where a U.S. federal court had previously found he could face persecution and torture.
As Joshua Eakle of Project Liberal warned, Abrego Garcia's detention and the administration's claim that it can do nothing to help him also creates precedent for Trump to do the same to anyone else it sees fit to target.
"This is how it starts. You must pay attention," said Eakle. "If Trump can disappear Abrego Garcia, he can disappear you. If Trump can strip his rights with no accountability, he can do it to anyone. This is why due process matters. Without it, America slides into dictatorship."
As the news spread of Abrego Garcia's mistaken expulsion, Vice President JD Vance "smeared him as a 'convicted gang member,'" claiming to cite the court filing from Monday, and accused podcast host Jon Favreau of having sympathy for "gang members getting deported while ignoring citizens they victimize."
Cerna's filing states that Abrego Garcia was denied bond in 2019 because "the evidence show[ed] that he is a verified member of [Mara Salvatrucha] ('MS-13')]" and therefore posed a danger to the community." As Kyle Cheney wrote at Politico, the accusation was "sharply contested" by Abrego Garcia and "credited to information gleaned from a confidential informant."
"That's not a conviction," said Cheney.
The 2019 court filing regarding the bond denial notes that Abrego Garcia "has no criminal conviction" and that the government erroneously stated at the time that Abrego Garcia was "detained in connection to a murder investigation."
Further, noted Cheney, the court at the time found that Abrego Garcia was likely a member of MS-13, but that he had a credible fear of persecution in his home country of El Salvador and should not be deported there—or expelled via an operation like Trump's mass expulsion campaign, in which those sent overseas have not been afforded due process.
Vance's claim that Abrego Garcia is a "convicted gang member" was "a lie," said Krystal Ball of the online news show "Breaking Points."
"But JD's comment reveals his deportation was not really a 'mistake,'" she said. "They put whoever they could round up on those planes without regard for guilt, innocence, immigration status, or court orders. If this man can be permanently disappeared into a foreign dungeon, anyone can."
Aaron Reichlin-Melnick of the American Immigration Council said it was "shocking that the vice president of the United States would so callously, and so falsely, accuse someone of being a convicted gang member. It's especially bad when his own administration just admitted to illegally deporting that person due to 'administrative error.'"
Trump's Justice Department is now urging Xinis to reject a petition filed by Abrego Garcia's attorneys to secure his return to the U.S., saying that since the Maryland resident is now in custody in his home country, the administration and the court system can't force El Salvador to return him.
"People should go to prison over this," said Paul Blest, a reporter for More Perfect Union.
Antonio De Loera-Brust, communications director for United Farm Workers, suggested the Trump administration is now refusing to push for Abrego Garcia or other potentially innocent people who have been expelled from the U.S. "because then they will be able to speak for themselves and the full extent of this atrocity will become clear."
Shannon Watts, founder of the gun violence prevention group Moms Demand Action, called on the Democratic Party to ensure the administration can't ignore the demand for Abrego Garcia's release.
"I don't care what the polls say about immigration, this is a legal assault on the Constitution and humanity," said Watts. "Democratic leaders must publicly pressure the Trump administration to rescue Kilmar Abrego Garcia."
