U.S. District Judge Paula Xinis has sharply criticized the Trump administration for its failure to provide details on the whereabouts and status of Kilmar Armando Abrego Garcia, a Maryland man mistakenly deported to El Salvador’s notorious Terrorism Confinement Center (CECOT) on March 15, 2025. During a tense hearing on April 11, 2025, Xinis called the situation “extremely troubling,” noting that the government could not answer basic questions about Abrego Garcia’s location or efforts to comply with a Supreme Court order to facilitate his return. “I’m not asking for state secrets,” Xinis said. “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?”
Abrego Garcia, a Salvadoran immigrant legally residing in Maryland with a work permit since 2019, was deported despite a court order protecting him from removal due to likely gang persecution in El Salvador. The Justice Department admitted the deportation was an “administrative error” but claimed it lacks authority to bring him back, as he is now in Salvadoran custody. The administration alleges Abrego Garcia is a member of the MS-13 gang, a claim his lawyers refute, citing no criminal record and only vague evidence, such as a 2019 informant’s tip and his wearing a Chicago Bulls hat. Xinis dismissed these allegations as “uncorroborated,” emphasizing the deportation’s illegality.
The Supreme Court, in a unanimous April 10 ruling, upheld Xinis’s order to “facilitate” Abrego Garcia’s return but noted she should clarify her directive to respect executive authority in foreign affairs. Despite this, the DOJ has resisted, arguing that El Salvador’s President Nayib Bukele, who called Abrego Garcia a “terrorist,” refuses to release him. On May 7, the administration invoked the state secrets privilege to withhold information about efforts to return him, prompting Xinis to demand further briefings.
Abrego Garcia’s wife, Jennifer Vasquez Sura, a U.S. citizen, has been vocal, stating, “I will continue fighting until my husband is home.” His lawyers, including Simon Sandoval-Moshenberg, have requested depositions from the State Department, DHS, and DOJ to uncover the government’s actions, accusing it of delaying and flouting court orders. Over a dozen news outlets have urged Xinis to unseal court records for transparency, highlighting the case’s significance.
This case underscores broader tensions between the Trump administration’s aggressive deportation policies and judicial oversight. Xinis ordered daily updates on efforts to secure Abrego Garcia’s return, warning against “gamesmanship.” The situation remains unresolved, with Bukele’s refusal and the DOJ’s obfuscation complicating compliance, raising alarms about due process violations in Trump’s immigration crackdown.
