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Judge Demands Daily Updates on Wrongfully Deported Man’s Return
A federal judge overseeing the case of Kilmar Armando Abrego Garcia, a Maryland man mistakenly deported to El Salvador, sharply criticized the government’s handling of the situation on Friday. U.S. District Judge Paula Xinis ordered the Justice Department to provide “daily updates” on their efforts to bring him back to the U.S.
“From now until compliance, I’m going to require daily statuses, daily updates,” Judge Xinis stated firmly during a hearing in Maryland. “We’re going to make a record of what, if anything, the government is doing or not doing.” The judge insisted these updates come from an official with direct knowledge of Abrego Garcia’s situation, including his location, the steps taken by the administration to facilitate his return, and planned future actions.
Judge Xinis highlighted the Supreme Court’s Thursday ruling, which directed the administration to facilitate Abrego Garcia’s return. “The Supreme Court has spoken quite clearly,” she said. “And yet, I can’t get an answer today about what you’ve done in the past, which indicates, again, that nothing has been done.”
The hearing began with Judge Xinis asking for Abrego Garcia’s location. Deputy Assistant Attorney General Drew Ensign admitted he did “not have the information.”
Despite repeated questioning from Judge Xinis, Ensign maintained he lacked the knowledge to answer. A frustrated Judge Xinis retorted, “I’m not asking for state secrets, I’m asking where one man who is wrongly and illegally deported, removed from this country, is located.”
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, expressed alarm at the DOJ’s lack of information. He found it “terrifying” that the government couldn’t answer the basic question of his client’s whereabouts.
Sandoval-Moshenberg stated that if the government fails to provide the ordered updates, he will request further action from the judge. He suggested the DOJ was employing the same tactics as the previous hearing by “sending in a lawyer who all he can say is, ‘I don’t know what’s going on, I haven’t been provided that information.'”
He expressed some relief that Judge Xinis is demanding updates from an official with direct knowledge of the case.
The hearing proceeded despite the Trump administration’s attempt to postpone it until after President Nayib Bukele of El Salvador’s scheduled meeting with the White House. Judge Xinis denied the request and maintained the original date. This hearing follows the Supreme Court’s affirmation of Judge Xinis’ earlier ruling, which ordered the administration to “facilitate” Abrego Garcia’s return after he was mistakenly sent to a Salvadoran prison last month.
The DOJ missed the court-ordered deadline for a supplemental declaration regarding Abrego Garcia’s location and the steps being taken for his return, citing insufficient time to review the Supreme Court order. They argued against revealing potential steps before they were finalized and emphasized the sensitivity of foreign affairs.
The Supreme Court largely upheld Judge Xinis’ ruling, ordering the government to facilitate Abrego Garcia’s release and ensure his case is handled appropriately. Abrego Garcia, who had a 2019 court order protecting him from deportation to El Salvador, where he fled political violence in 2011, was mistakenly sent to a high-security prison.
The administration has alleged Abrego Garcia’s involvement with the MS-13 gang, a claim denied by his lawyers and wife. They have also argued against the court’s jurisdiction in this matter since Abrego Garcia is no longer in U.S. custody.
The administration emphasized its foreign policy role, a point acknowledged by the Supreme Court, which advised Judge Xinis to clarify her order while respecting the Executive Branch’s authority in foreign affairs. They also urged the government to be forthcoming with information regarding the steps taken and planned actions.
The DOJ reiterated the President’s exclusive prerogative in conducting foreign affairs, criticizing what they termed “activist judges.” Abrego Garcia’s attorney, however, celebrated the Supreme Court’s decision as a victory for the rule of law and urged the government to expedite his client’s return.