A federal judge has sharply criticized the Trump administration for failing to take any discernible action to secure the return of Kilmar Abrego Garcia, a Maryland resident wrongfully deported to El Salvador. The strong rebuke came during a Friday hearing in a Maryland district court, a day after the U.S. Supreme Court unanimously upheld an earlier directive that the administration "facilitate" his return to the United States.
Judge Paula Xinis, appointed by former President Barack Obama, expressed frustration over the lack of progress, pressing the government for clarity on Garcia’s whereabouts and the steps—if any—taken to bring him back. “Where is [Abrego Garcia] and under whose authority?” she asked Deputy Assistant Attorney General Drew Ensign, emphasizing that she was “not asking for state secrets.”
The government maintains that Garcia is currently being held at El Salvador’s Terrorism Confinement Center, known as CECOT, where he has reportedly been detained since March 15. However, Ensign admitted he had no specific information on what, if anything, had been done to comply with the court’s order. “That is extremely troubling,” Judge Xinis remarked, following up with: “Have they done anything?”
When Ensign said he was unaware of any efforts, Xinis concluded, “So that means they’ve done nothing. Despite this court’s clear directive, your clients have done nothing to facilitate the return of Mr. Abrego Garcia.”
Though the Supreme Court sided with Judge Xinis in declaring Garcia’s removal to El Salvador “illegal” because of a withholding order that explicitly barred his deportation there, it left the logistics of his return to the district court. Xinis is now tasked with defining how the government should “effectuate” that return.
The administration, meanwhile, argued that the court’s expectations were unreasonable given the sensitive diplomatic dimensions involved. “Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review,” the Justice Department said in a court filing. The filing also argued 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.”
Ensign stressed during the hearing that multiple U.S. Cabinet-level agencies are involved in the matter and coordination is ongoing. “The Trump administration was actively considering what could be done,” he said. But Xinis was unimpressed, stating plainly: “I guess my message, for what it’s worth, is: if you can do it, do it tomorrow.”
Adding to tensions, the administration failed to meet two court-imposed deadlines—9:30 a.m. and 11:30 a.m.—to submit Garcia’s status updates ahead of the Friday hearing. DOJ attorneys said in a letter that the court’s expectations were unrealistic given the Supreme Court’s ruling just hours prior. “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,” they wrote.
The Trump administration has acknowledged that Garcia’s deportation, which occurred after his March 12 arrest, was the result of an “administrative error.” However, officials have also labeled him a threat, asserting that Garcia is “a member of a foreign terrorist organization.” According to their claims, he was “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source” and had entered the U.S. unlawfully in 2011.
Garcia’s legal team and family have strongly denied any gang affiliations. They say that since 2006, he has been targeted and threatened by gang members in Central America, who have tried to extort money from his parents by threatening to abduct or kill him.
El Salvador’s President Nayib Bukele is expected to visit Washington on Monday for a meeting with President Trump. The situation involving Abrego Garcia is anticipated to be a point of discussion during the diplomatic visit.
Judge Paula Xinis, appointed by former President Barack Obama, expressed frustration over the lack of progress, pressing the government for clarity on Garcia’s whereabouts and the steps—if any—taken to bring him back. “Where is [Abrego Garcia] and under whose authority?” she asked Deputy Assistant Attorney General Drew Ensign, emphasizing that she was “not asking for state secrets.”
The government maintains that Garcia is currently being held at El Salvador’s Terrorism Confinement Center, known as CECOT, where he has reportedly been detained since March 15. However, Ensign admitted he had no specific information on what, if anything, had been done to comply with the court’s order. “That is extremely troubling,” Judge Xinis remarked, following up with: “Have they done anything?”
When Ensign said he was unaware of any efforts, Xinis concluded, “So that means they’ve done nothing. Despite this court’s clear directive, your clients have done nothing to facilitate the return of Mr. Abrego Garcia.”
Though the Supreme Court sided with Judge Xinis in declaring Garcia’s removal to El Salvador “illegal” because of a withholding order that explicitly barred his deportation there, it left the logistics of his return to the district court. Xinis is now tasked with defining how the government should “effectuate” that return.
The administration, meanwhile, argued that the court’s expectations were unreasonable given the sensitive diplomatic dimensions involved. “Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review,” the Justice Department said in a court filing. The filing also argued 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.”
Ensign stressed during the hearing that multiple U.S. Cabinet-level agencies are involved in the matter and coordination is ongoing. “The Trump administration was actively considering what could be done,” he said. But Xinis was unimpressed, stating plainly: “I guess my message, for what it’s worth, is: if you can do it, do it tomorrow.”
Adding to tensions, the administration failed to meet two court-imposed deadlines—9:30 a.m. and 11:30 a.m.—to submit Garcia’s status updates ahead of the Friday hearing. DOJ attorneys said in a letter that the court’s expectations were unrealistic given the Supreme Court’s ruling just hours prior. “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,” they wrote.
The Trump administration has acknowledged that Garcia’s deportation, which occurred after his March 12 arrest, was the result of an “administrative error.” However, officials have also labeled him a threat, asserting that Garcia is “a member of a foreign terrorist organization.” According to their claims, he was “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source” and had entered the U.S. unlawfully in 2011.
Garcia’s legal team and family have strongly denied any gang affiliations. They say that since 2006, he has been targeted and threatened by gang members in Central America, who have tried to extort money from his parents by threatening to abduct or kill him.
El Salvador’s President Nayib Bukele is expected to visit Washington on Monday for a meeting with President Trump. The situation involving Abrego Garcia is anticipated to be a point of discussion during the diplomatic visit.
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