Judge: No evidence Trump has tried to return wrongly deported man

1/2
Swipe or click to see more

ABREGO GARCIA FAMILY/HANDOUT VIA REUTERS/FILE PHOTO

Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, is seen wearing a Chicago Bulls hat, in this handout image obtained by Reuters on April 9, 2025.

2/2
Swipe or click to see more

REUTERS/KEN CEDENO/FILE PHOTO

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, looks on during a press conference with other family members, supporters and members of the Congressional Hispanic Caucus, in Washington, D.C., U.S., April 9, 2025.

GREENBELT, Maryland >> A U.S. judge today said there was no evidence the Trump administration had tried to secure the return of a man illegally deported to El Salvador, but said she would not hold the government in contempt of court for now.

At a hearing to consider her next steps on what she called the Trump administration’s failure to update her on efforts to return Kilmar Abrego Garcia, U.S. District Judge Paula Xinis said the administration had not given her any information of value about what it had done.

“There will be no tolerance for gamesmanship or grandstanding,” Xinis said at a hearing in Greenbelt, Maryland.

“To date, what the record shows is that nothing has been done. Nothing.”

Xinis said she would require the Trump administration to produce documents and have officials sit for depositions by April 23 to explain steps they have taken to secure Abrego Garcia’s return. The case is one of several that have sparked concerns among Democrats and some legal analysts that Republican President Donald Trump’s administration is willing to disregard the judiciary, an independent and equal branch of government.

The Trump administration has accused the judiciary of overstepping and interfering with the executive branch’s ability to conduct foreign policy. Before the hearing, a crowd of protesters outside the courthouse chanted “Bring Kilmar home,” as they listened to his wife, Jennifer Vasquez Sura, urge the U.S. and El Salvador to return him.

Don't miss out on what's happening!

Stay in touch with breaking news, as it happens, conveniently in your email inbox. It's FREE!

Email Sign Up
By clicking to sign up, you agree to Star-Advertiser's and Google's Terms of Service and Privacy Policy. This form is protected by reCAPTCHA.

“I find myself pleading with the Trump administration and the Bukele administration to stop playing political games with the life of Kilmar,” Vasquez Sura said. During a meeting with Trump at the White House on Monday, El Salvador President Nayib Bukele told reporters at the White House he did not have the power to return Abrego Garcia to the U.S.

“The question is preposterous. How can I smuggle a terrorist into the United States?” Bukele said.

At the hearing, government lawyer Drew Ensign cited Bukele’s comments, saying “ascertaining the position” of the Salvadoran government was “an important part of compliance” with Xinis’ order.

Ensign said the administration interpreted Xinis’ order to “facilitate” Abrego Garcia’s return to mean they should remove any U.S. barriers to his return to the United States.

He said the administration had done that by having an official assertion in a court filing earlier in the day that if Abrego Garcia were to show up at a port of entry or a U.S. embassy, he would be allowed into the United States and then immediately taken back into custody.

Xinis said that the interpretation of the meaning of ‘facilitate’ is contrary to “the plain meaning of the word.”

U.S. Senator Chris Van Hollen of Maryland, a Democrat, said in a statement on Monday that if Abrego Garcia was not home by “midweek,” he would travel to El Salvador to discuss his release.

Xinis on April 4 ordered the administration to “facilitate and effectuate” Abrego Garcia’s return from El Salvador, where he is being housed in a high-security mega-prison known as the Terrorism Confinement Center, or CECOT. The U.S. Supreme Court last week upheld that order following a challenge by the Trump administration, but said the term “effectuate” was unclear and might exceed the court’s authority. Xinis then ordered the Trump administration to offer a timeline for returning Abrego Garcia to the U.S.

Trump has said his administration would bring the man back if the Supreme Court directed it to.

Additional reporting by Jeff Mason in Washington, Kristina Cooke in Los Angeles, and Tom Hals in Wilmington, Delaware.

22 Comments
By participating in online discussions you acknowledge that you have agreed to the Terms of Service. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. If your comments are inappropriate, you may be banned from posting. Report comments if you believe they do not follow our guidelines. Having trouble with comments? Learn more here.
Please log in to comment