Federal judge demands answers from U.S. government after erroneous deportation of man to El Salvador
Federal Judge Paula Xinis has called the government's response "extremely troubling" after the Supreme Court issued an order to facilitate the return of Kilmar Abrego García, who was mistakenly deported. The Trump administration faces harsh criticism for its inaction.
The legal situation of Kilmar Abrego García, a Salvadoran citizen residing in Maryland, has sparked controversy after he was deported to El Salvador despite a court order prohibiting his removal from the country. Judge Paula Xinis demanded explanations from the U.S. government for its lack of concrete action following the Supreme Court's directive to ensure Abrego García’s return.
During a hearing in Greenbelt, Maryland, Judge Xinis harshly criticized the government’s legal representative for lacking accurate information regarding Abrego García’s whereabouts and the steps taken to secure his return. The judge expressed concern over what she sees as a direct violation of a court order and a disregard for due process.
Government Inaction in the Face of a Court Order
The hearing revealed that attorneys for the Trump administration could not explain what measures, if any, had been taken to bring Abrego García back. Deputy Assistant Attorney General Drew Ensign admitted he had no personal knowledge of any specific efforts made, leading the judge to conclude that the government had done nothing.
“Where is he and under what authority?” the judge demanded, calling for clear answers. The lack of concrete information and the admission of a wrongful deportation stand in stark contrast to the government’s apparent passivity. Ensign even acknowledged that the government has no evidence to refute claims that Abrego García remains in El Salvador.
Judge Xinis had explicitly ordered that “all available measures” be taken to facilitate the man’s return. However, the government responded by calling the timeline for providing updates “impractical”, and argued that revealing possible actions before internal agreement was reached would be “unreasonable”—arguments that drew further criticism from the court. The Supreme Court upheld Judge Xinis’s order but requested clarifications to ensure it did not interfere with the Executive Branch’s authority in foreign policy. Nonetheless, the Court emphasized that the government must act to release and return the man as if he had never been wrongfully deported.
An Admitted Mistake, But No Solution in Sight
Kilmar Abrego García was deported last month to El Salvador, even though he had legal protection preventing his removal. The order issued by Judge Xinis on April 4 labeled the deportation “completely illegal”, based on unsubstantiated accusations. The government has admitted the mistake but argued it cannot reverse the deportation.
The Trump administration claims that Abrego García is a member of the MS-13 gang, although he has never been charged or convicted. The judge criticized this claim as relying on vague and unverified evidence, while his attorney explained that the young man had a work permit and was in the process of obtaining a license as a metalworking officer.
In its resolution, the Supreme Court stated that the government must act to correct the error, with liberal justices emphasizing that the administration has a moral and legal obligation to bring him back. Failure to do so, they argued, is an alarming sign of institutional negligence.
Meanwhile, Abrego García’s wife, Jennifer Vásquez Sura, described the situation as an “emotional rollercoaster” for the entire family. “I will keep fighting until my husband comes home,” she said firmly, hoping justice will ultimately be served.