A federal judge has delivered a strong rebuke to the Trump administration, criticizing officials for failing to take necessary steps to secure the return of a man wrongfully deported to a notorious prison in El Salvador. This ruling comes in light of a contentious decision by the US Supreme Court issued just last week.
During a hearing, US District Judge Paula Xinis expressed her frustration, stating that a recent news conference featuring Donald Trump and El Salvador’s President, Nayib Bukele, where they joked about Kilmar Ábrego García’s situation, did not signify compliance with the Supreme Court's order. “To date, nothing has been done,” Judge Xinis remarked, highlighting the administration's lack of action following the ruling.
The day prior, senior officials from the Trump administration attempted to sidestep the Supreme Court's decision by providing increasingly strained interpretations of the order, claiming they were powerless to facilitate Ábrego García's return. Judge Xinis responded decisively, stating that she would require the administration to provide details under oath about their attempts to bring Ábrego García back to US soil within a two-week timeframe. This unusual request indicates her intent to expedite the proceedings in this significant case.
The core issue discussed in the federal district court in Maryland revolved around the administration's narrow interpretation of the Supreme Court order, which mandated that they “facilitate” Ábrego García’s return. Initially, the administration acknowledged that Ábrego García’s deportation was due to an administrative error. However, they later claimed that they were limited to removing domestic obstacles and insisted that courts do not possess the constitutional authority to compel the president to take further action.
The lead attorney representing the administration, Drew Ensign, argued in legal filings that even if Ábrego García were returned to the US, the Department of Justice would likely detain him in a different county or seek to terminate the order preventing his removal to El Salvador. However, Judge Xinis dismissed this narrow interpretation of “facilitate,” emphasizing that the term clearly implies the need for officials to secure Ábrego García’s release.
During the hearing, Judge Xinis challenged the administration’s approach by stating, “Your characterization is not bound in fact. I need facts.” She asserted that the administration had failed to provide a direct response to the Supreme Court's order and highlighted inconsistencies in their claims regarding the compliance efforts.
The administration contended that Trump’s remarks during the news conference, where Bukele questioned whether he was expected to smuggle Ábrego García across the border, demonstrated that the issue had been raised at the “highest levels.” However, the judge was unmoved by this argument, stating, “It’s not a direct response.”
Judge Xinis instructed Ábrego García’s lawyers to prepare their questions for the administration by Wednesday, permitting them to depose up to six officials, including Robert Cerna, a senior official at ICE, and Joseph Mazarra, the acting general counsel of the Department of Homeland Security. “Cancel vacation,” Xinis told Ensign. “Cancel appointments. I’m usually pretty good about this in my courtroom, but not this time.”
After the hearing, Ábrego García’s attorney, Rina Gandhi, described the proceedings as a victory, albeit one that does not yet conclude their efforts. “We have not brought Kilmar home,” she stated to reporters. “However, we will be able to question those involved and gather the necessary information and evidence.” Gandhi further accused the administration of acting in bad faith, emphasizing that this case revolves around the government unlawfully removing a man from his home, family, and children without taking appropriate corrective actions as mandated by the Supreme Court.
