Judge rebukes Trump’s authorities for not guaranteeing the return of man unfairly deported

Administration will have to share under oath as it is trying to bring Kilmar Ábargo García back to the US, says District Judge

A federal judge harshly scolded the Trump government and rebuked authorities on Tuesday for not taking action to ensure the return of a man improperly deported to a notorious arrest in El Salvador, as ordained by the US Supreme Court in a controversial decision last week.

US district judge Paula Xinis said Donald Trump’s press conference with El Salvador president Nayib Bukele, where leaders played that Kilmar García would not be released, did not count as compliance.

“So far, nothing has been done,” said Xinis, a day after Trump’s high officials also made an effort to circumvent the Supreme Court’s decision, offering increasingly forced interpretations of the order to claim that they had no power to bring García back.

Finally, the judge said that it would require the government to present details under an oath about its attempts to return García to the American ground in two weeks, a unusual deadline for the discovery, which indicated how she intends to continue with the case.

What was in question at the hearing at the Federal District Court in Maryland was the restricted interpretation made by the government of the Supreme Court order that forced him to “facilitate” the return of Abrica García, which should have been protected from being sent to El Salvador.

The government had previously admitted that the deportation of Ábrica García was an administrative error. But since then, he has assumed the position that he has no power to bring him back, except for the removal of internal obstacles, and that the courts have no constitutional power to determine that the president will do more.

Government’s main lawyer Drew also said in legal documents before the hearing that, even if García was returned to the US, the Justice Department would deport him to a different country or take steps to revoke the order that blocks his removal to El Salvador.

But the judge rejected the government’s restricted interpretation of “facilitating”, noting that the clear meaning of the word meant that the authorities needed to ensure the liberation of García Ábrica – and that US immigration and customs service had already assumed several positions about its meaning.

“Its characterization is not limited to facts,” said Xinis. “I need facts.”

The government argued that it tried to fulfill the Supreme Court order when Trump approached the case and Bukele wondered if he should smuggle García through the border – which, according to Evil, showed that the issue had been raised at the “highest levels.”

The judge did not seem impressed with the argument. “It’s not a direct answer,” said Xinis. “Not even the joke about smuggling someone to the US. If you were removing household barriers, there would be no smuggling, right?” Two poorly oriented ships intersecting at night. “

The judge ordered the lawyers of Abrego García to prepare the government questions until Wednesday about the measures taken. She said they could testify up to six authorities, including Robert Cerna, a high Ice employee, and Joseph Mazarra, interim general advisor to the internal security department.

“Cancel the holidays,” Xinis told Ensign. “Cancel the commitments. I’m usually pretty cool about this in court, but not this time.”

After the hearing, Abergo García lawyer Rina Gandhi considered the audience a victory, but added that she was not over yet. “We haven’t brought Kilmar home yet,” she told reporters, “but we can question those involved and get information and evidence as needed.”

She also accused the government of acting in bad faith. “This case is about the government illegally removing-and admitting that it did-a gentleman from this country, his home, his family and his children, without taking any measure to repair them, as ordained by the Supreme Court,” said Gandhi.

Originally published by The Guardian on April 15 ,/2025

By Hugo Lowell and Léonie Chao-Fong in Maryland