A federal judge on Friday accused the Trump administration of not doing enough – or anything at all – to arrange the return of Kilmar Abrego Garcia from a notorious prison in El Salvador.
The tense Maryland district court hearing followed a unanimous ruling by the Supreme Court Thursday that upheld Obama-appointed Judge Paula Xinis’ order that the Trump administration “facilitate” the wrongfully deported Maryland man’s return to the US.
“Where is [Abrego Garcia] and under whose authority?” Xinis asked a Justice Department lawyer during the hearing.
“I’m not asking for state secrets,” Xinis told Deputy Assistant Attorney General Drew Ensign. “All I know is that he’s not here. The government was prohibited from sending him to El Salvador, and now I’m asking a very simple question: Where is he?”
Ensign indicated that the government believed Abrego Garcia remains at the Terrorism Confinement Center (CECOT), where he has been held since March 15, but couldn’t provide details on what steps the Trump administration has taken, or plans to take, to get him to US soil.
“That is extremely troubling,” Xinis said.
“Have they done anything?” the judge asked Ensign, who indicated he was unaware of any action.
“So that means they’ve done nothing,” Xinis declared. “Despite this court’s clear directive, your clients have done nothing to facilitate the return of Mr. Abrego Garcia.”
The Supreme Court agreed with Xinis that Abrego Garcia’s deportation was “illegal” because he was “subject to a withholding order forbidding his removal to El Salvador.”
The high court, however, did not impose a deadline for Abrego Garcia to be returned to the US and remanded the case back to the district court for Xinis to clarify how the government should “effectuate” the Salvadorean national’s return.
Ensign stressed that the Trump administration was “actively considering what could be done,” noting that three Cabinet agencies are involved and significant coordination is required.
“I guess my message, for what it’s worth, is: if you can do it, do it tomorrow,” Xinis said near the end of the hearing before ordering the administration to provide daily updates.
Ahead of the afternoon hearing, the Trump administration blew past 9:30 a.m. and 11:30 a.m. deadlines set by Xinis to provide information about Abrego Garcia’s status.
“Defendants are unable to provide the information requested by the Court on the impracticable deadline set by the Court hours after the Supreme Court issued its order,” DOJ attorneys wrote to the judge.
The filing noted that Xinis “has not yet clarified what it means to ‘facilitate’ or ‘effectuate’ the return as it relates to this case, as Plaintiff is in the custody of a foreign sovereign.”
“It is unreasonable and impracticable for Defendants to reveal potential steps before those steps are reviewed, agreed upon, and vetted,” the government argued. “Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review.”
The Trump administration has conceded that Abrego Garcia’s removal to El Salvador after his March 12 arrest was the result of an “administrative error” but maintains that he is a “member of a foreign terrorist organization.”
Administration officials claim that Abrego Garcia was “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source.” They also alleged that he entered the country illegally in 2011.
Abrego Garcia’s family and lawyers say that the man has no gang ties and claim that since 2006, gang members have threatened to abduct and kill him to extort money from his parents back in Central America.
El Salvador President Nayib Bukele is expected to meet with President Trump in Washington on Monday, and Abrego Garcia’s case is likely to be a topic for discussion.
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