A federal judge has ordered an urgent inquiry into the Trump administration's handling of the case involving Kilmar Abrego Garcia, a Maryland man who was wrongfully deported to a notorious prison in El Salvador. U.S. District Judge Paula Xinis expressed frustration over the government's apparent inaction, stating, "To date, what the record shows is that nothing has been done. Nothing." This statement came during a court hearing on April 15, 2025, where she emphasized the need for accountability and transparency in the administration's efforts to facilitate Garcia's return.
Garcia, who entered his second month in the El Salvador mega-prison, had been deported on March 15, 2025, despite a 2019 court order that barred his removal due to fears of persecution from gang violence in his home country. Judge Xinis's recent ruling follows a unanimous decision by the U.S. Supreme Court affirming her earlier directive that the government must facilitate Garcia's return from El Salvador.
During the hearing, Judge Xinis ordered officials from the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to provide documents and testify under oath regarding their actions since her initial order. "Cancel vacations, cancel other appointments," she instructed, underscoring the urgency of the situation. She set a deadline for the depositions to be completed by April 23, 2025, and demanded that the administration submit relevant documents by the end of the month.
Judge Xinis's frustration stems from the lack of meaningful steps taken by the Trump administration to comply with her order. "Defendants appear to have done nothing to aid in Abrego Garcia's release from custody and return to the United States," she noted, indicating that the administration's response had been inadequate.
In a court filing just before the hearing, DHS Acting General Counsel Joseph Mazarra stated that the administration is prepared to facilitate Garcia's presence in the U.S. if he presents himself at a port of entry. However, he also clarified that the department does not have the authority to forcibly extract him from the custody of El Salvador. If Garcia were to arrive at a U.S. port, he would be subject to detention due to his alleged membership in the MS-13 gang, which the Trump administration has claimed without providing substantial evidence.
The situation has been complicated by statements from El Salvador's President Nayib Bukele, who, during a recent visit to the White House, claimed he does not possess the authority to return Garcia to the U.S. This assertion has raised questions about the extent of cooperation between the U.S. and Salvadoran governments regarding Garcia's case.
Garcia's legal team has argued that the Trump administration has not taken any steps to comply with court orders to facilitate his release. In a motion filed prior to the hearing, they pointed out, "There is no evidence that anyone has requested the release of Abrego Garcia." They criticized the administration's interpretation of the term "facilitate," arguing that it should involve actively seeking his return, not merely removing domestic obstacles.
The Supreme Court had previously ruled that Garcia's removal was illegal and that the government must ensure his case is handled as if he had not been improperly deported. This ruling has amplified the scrutiny on the administration's actions, prompting Judge Xinis to demand accountability.
In a statement following the hearing, an attorney for Garcia expressed hope that the proceedings would prompt the government to comply with the Supreme Court's order. "What we're asking [of Trump] is exactly what the Supreme Court told him," attorney Benjamin Osorio said. He emphasized the need for the government to adhere to legal protocols and not engage in political gamesmanship regarding Garcia's situation.
Garcia's wife, Jennifer Vasquez Sura, has been vocal in her pleas for her husband's return. Speaking at a protest, she urged both the Trump and Bukele administrations to stop using her husband's life as a pawn in political negotiations. "I find myself pleading with the Trump administration and the Bukele administration to stop playing political games with the life of Kilmar," she said.
As the inquiry unfolds, the implications of Garcia's wrongful deportation continue to resonate, highlighting the tensions between the executive and judicial branches of the U.S. government. The case raises significant concerns about due process and the treatment of individuals caught in the complexities of immigration enforcement.
Senator Chris Van Hollen of Maryland has announced plans to travel to El Salvador to check on Garcia's wellbeing and advocate for his release. His involvement underscores the growing political and public interest in the case, which has sparked debates about immigration policy and the rights of deported individuals.
As the April 23 deadline for depositions approaches, all eyes will be on the administration's response to Judge Xinis's orders. The outcome of this inquiry could set important precedents for how the U.S. government handles similar cases in the future, particularly in light of the Supreme Court's clear directive to facilitate Garcia's return.
