The Trump administration has declined to provide a federal judge with the requested information regarding a Salvadoran man, Kilmar Ábrego García, who was mistakenly deported.
Judge Paula Xinis had ordered the administration to report on “Ábrego García’s current location and detention status,” as well as any actions taken or planned to facilitate his return. The Trump administration’s legal team argued that the deadline set by the judge was unreasonable.
Ábrego García’s lawyers criticized the government for its “arrogance and cruelty,” accusing them of delaying, obfuscating, and ignoring judicial orders while endangering a man’s life. They asserted that no consideration was given to the possibility of his return before he was deported 72 hours after his arrest.
Following a brief court session, Judge Xinis determined that the Trump administration had failed to comply with her orders and instructed them to submit daily reports on the requested information starting from the next day. She also scheduled another hearing for April 15th.
Ábrego García, married to an American citizen, was arrested by immigration agents on March 12th and deported three days later alongside over 200 others to El Salvador. The Trump administration accused most of them of belonging to the Venezuelan gang Tren de Aragua, labeled a “terrorist” organization by Washington, but provided no evidence.
Timeline and Judicial Process
- Judge Xinis requested information on Ábrego García’s status after a brief 30-minute hearing.
- The administration argued that the deadline was unrealistic, leading Judge Xinis to order daily reports starting the following day and schedule another hearing for April 15th.
Later, the U.S. government acknowledged before a court that Ábrego García’s deportation was due to an “administrative error.”
Ábrego García had been living in the U.S. under legal protection since 2019 when a judge ruled he should not be deported as it could put him at risk in El Salvador.
However, the administration maintains that correcting the mistake is impossible because Ábrego García is now detained in El Salvador and accused of being part of the MS-13 gang, also labeled a “terrorist” group by Washington. They argued they cannot provide the necessary information within the judge’s short deadline.
Judge Xinis had previously stated she saw no evidence linking Ábrego García to the MS-13 gang and requested that the government facilitate his return by April 7th at the latest. The Supreme Court later sided with Judge Xinis, demanding that the administration “facilitate” his return while ensuring proper handling as if he hadn’t been wrongly deported.
However, the court asked Judge Xinis to clarify what she means by ‘facilitate’ for considerations of executive power. Consequently, Judge Xinis revised her initial ruling and ordered the Trump administration to take all possible measures to return Ábrego García to the U.S. as soon as possible.
The administration argues they need more time, stating that international matters cannot follow a judicial timeline.