Greenbelt, Maryland – The legal saga of Kilmar Abrego Garcia, a Maryland man mistakenly deported to El Salvador under the Trump administration, continues in federal court. Lawyers for the Justice Department and Abrego Garcia met again Tuesday before U.S. District Judge Paula Xinis, following a Supreme Court ruling requiring the government to "facilitate" his release from a Salvadoran prison.
The case centers on an "administrative error" that led to Abrego Garcia's deportation despite an immigration judge granting him "withholding of removal" in 2019, a legal status that protects him from being returned to El Salvador due to potential persecution from local gangs. Abrego Garcia, who has lived in the U.S. since 2011, was arrested in March and deported with over 200 other migrants, now held at the Terrorism Confinement Center (CECOT) in El Salvador.
Judge Xinis has pressed the Trump administration to provide updates on Abrego Garcia's whereabouts and the steps taken to facilitate his return. However, Justice Department lawyers have repeatedly stated they cannot provide information about his location. In response, Xinis ordered the government to provide daily updates on Abrego Garcia's location, custodial status, and efforts to bring him back to the U.S.
The Trump administration has argued that its obligation is limited to removing "domestic obstacles" to his return, contending that federal courts cannot direct the executive branch's foreign relations. They also cited alleged MS-13 gang ties as grounds for no longer being eligible for withholding of removal, allegations disputed by Abrego Garcia's legal team.
Salvadoran President Nayib Bukele stated he lacks the authority to return Abrego Garcia to the U.S., calling the suggestion "preposterous". Notably, the U.S. government is paying El Salvador $6 million to house migrants at CECOT.
The court proceedings underscore a clash between the judiciary and the executive branch over immigration enforcement and the rights of individuals facing deportation. The case remains ongoing, with further hearings expected.
