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Federal Judge Expresses Concern Over Deported Maryland Man’s Case
GREENBELT, Md. — A federal judge voiced “extreme concern” Friday regarding the Trump administration’s lack of action in the case of Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador last month. The judge’s remarks came amidst growing questions about the government’s efforts to comply with a Supreme Court ruling mandating Abrego Garcia’s return from a prison in El Salvador following his erroneous deportation.
Judge Demands Information on Abrego Garcia’s Location
During a hearing in a Maryland courtroom, U.S. District Judge Paula Xinis pressed a government lawyer for details on Abrego Garcia’s whereabouts. This inquiry followed a U.S. Supreme Court decision on Thursday requiring the Trump administration to facilitate his repatriation. Despite the high court’s order, the government attorney appeared unable to provide concrete information.
“Where is he, and under whose jurisdiction is he being held?” Judge Xinis questioned Deputy Assistant Attorney General Drew Ensign.
“This is not a matter of classified information,” she stated. “My understanding is he is not present within the United States. The government was prohibited from deporting him to El Salvador, and now I am simply asking for his current location.”
Ensign responded that the government lacked evidence to refute the presumption that Abrego Garcia remained in El Salvador.

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Judge Xinis reacted sharply, reiterating her “extreme concern” over the lack of clarity.
Questions Raised Regarding Government’s Actions
Judge Xinis repeatedly questioned Ensign regarding steps taken to ensure Abrego Garcia’s return to the U.S. She directly asked, “Has the government taken any action at all?” Ensign admitted he lacked specific knowledge of any measures implemented.
“Therefore, it appears no action has been taken,” the judge concluded, adding, “Despite this court’s explicit instruction, your clients have apparently done nothing to facilitate Mr. Abrego Garcia’s return.”
Trump Administration Cites “Impractical” Deadline
Attorneys representing the Trump administration argued in a Friday court filing that Judge Xinis’ Friday morning deadline for information was “impractical.” They asserted insufficient time to adequately review the Supreme Court’s ruling.
Judge Xinis had previously directed the Trump administration to “undertake all feasible measures to facilitate the return” of Abrego Garcia following the Supreme Court’s order on Thursday. She had requested a formal declaration from the administration concerning Abrego Garcia’s location, custodial status, and detailing steps taken and planned to secure his return.
In their Friday filing, U.S. attorneys also deemed it “unreasonable” for the government to disclose potential actions prematurely, before internal review, agreement, and vetting processes were completed.
“Foreign affairs operate under different timelines than judicial proceedings, partly due to sensitive, country-specific considerations that are inappropriate for judicial oversight,” the government attorneys argued.
Supreme Court Rejects Administration’s Appeal
The Supreme Court’s Thursday ruling rejected the administration’s emergency appeal against Judge Xinis’ April 4 order mandating Abrego Garcia’s return.
Abrego Garcia, a Salvadoran national, had a standing immigration court order preventing his deportation to El Salvador due to fears of persecution by local gangs.
The Supreme Court’s emergency docket has seen multiple rulings recently, with a conservative majority often partially siding with the Trump administration against lower court rulings challenging presidential policies. However, in Abrego Garcia’s case, the court stipulated that Judge Xinis’ order must be clarified to avoid infringing on executive branch authority in foreign affairs, given Abrego Garcia’s detention abroad.
“The order appropriately requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure his case proceeds as if he had not been improperly deported to El Salvador,” the high court stated in an unsigned order, noting no dissenting opinions.
MS-13 Allegations and “Egregious Error”
The Trump administration alleges Abrego Garcia is affiliated with the MS-13 gang, a claim disputed by his legal team, who point out he has never been charged with or convicted of any crime and that there is no evidence of gang involvement.
While the administration has acknowledged a mistake in deporting Abrego Garcia, they initially contended they were powerless to rectify it. Liberal justices on the Supreme Court countered that the administration should swiftly correct “its egregious error” and were “clearly wrong” to suggest they could not facilitate his return.
Family Awaits Reunion
Jennifer Vasquez Sura, Abrego Garcia’s wife, described the ordeal as an “emotional rollercoaster” for her family and community.
“I am anxiously awaiting Kilmar’s return, longing for him to be home, embracing him, and participating in our children’s bedtime routine, knowing this nightmare is nearing its end. I will persevere in this fight until my husband is back home where he belongs,” she stated.
Judge Deems Deportation “Wholly Lawless”
Judge Xinis’ April 4 order characterized the government’s decision to detain and deport Abrego Garcia to El Salvador as seemingly “wholly lawless.”
“There is minimal to no evidence to substantiate a ‘vague, uncorroborated’ assertion that Abrego Garcia was previously associated with the MS-13 street gang,” the judge wrote.
The 29-year-old was apprehended by immigration authorities and deported last month. He possessed a Homeland Security Department-issued permit authorizing legal employment in the U.S. and was a sheet metal apprentice pursuing professional certification, according to his attorney. His wife is a U.S. citizen.