He's *not* a permanent resident; he's on "withholding of removal" status since 2019 [*]. It's not splitting hairs to discuss that, but you're right that the govt is (deliberately) pursuing a "camel's-nose-under-the-tent" approach first on a small class of people where Congress and INA haven't defined a direct clear path to PR or becoming a citizen, unlike a GC would since both his wife and child are US citizens.
He was granted "withholding of removal" status in 2019, which protected him from deportation to El Salvador (for fear of gang violence/extortion, which is why he came to the US).
The current DOJ acknowledges that at the time (2019) the "[first Trump admin] government did not appeal that decision [to grant withholding of removal], so it is final". It also seems like they never previously made any allegation that he was a gang member, and that they don't have any solid proof now that he is (other than supposedly one informant who incorrectly claimed Garcia lived in NY, so basically no credible evidence whatsoever).
By jumping the gun on deporting Garcia without due process, the current admin seems to unwittingly be forcing the issue to the Supreme Court very soon. (UPDATE: SC has just ruled unanimously 9-0 that the admin must try to release Garcia.) Looks like the SC's going to be very busy this May-June.
[*] Withholding-of-removal is a pretty rare status, rarely granted by court (>99% rejection rate), much rarer than Green Card, and applicants have to demonstrate credible fear. [0] This procedure is defined in INA § 208 (INA = Immigration and Nationality Act) [1]
As of 12/2024 there were over 100,000 individuals (from Cuba, China, Venezuela, Mauritania, Nigeria, Turkey, Iran, Afghanistan, etc.) with orders of removal remaining free in the US due to various special interest statuses, including withholding of removal, according to a report from FAIR (Federation for American Immigration Reform). [2]
(Does anyone have stats on what historically happened to people in withholding-of-removal (what % became citizens, what % got GC, what % voluntarily left, what % got deported, what % moved to a different status etc.)?)
[0]: https://www.justice.gov/eoir/reference-materials/ic/chapter-...
[1]: https://www.uscis.gov/laws-and-policy/legislation/immigratio...
[2]: https://www.fairus.org/news/executive/new-data-show-over-100...
[3]: https://time.com/7276642/kilmar-albrego-garcia-error-deporta...