In a recent development, the Trump Department of Justice (DOJ) has expressed opposition to the requests for additional relief in the case of Kilmar Abrego Garcia, an alleged member of the notorious MS-13 gang.
The Supreme Court had previously ordered the U.S. to facilitate Garcia's return from El Salvador, a decision that was met with unanimous approval from the court.
As reported by Gateway Pundit, U.S. District Judge Paula Xinis of the U.S. District Court for the District of Maryland has scheduled a new hearing for Garcia. During a hearing on Friday, Judge Xinis criticized the Trump Administration for its lack of effort in complying with her order to provide daily updates on Garcia's location and custodial status. The judge stated, Defendants made no meaningful effort to comply. Instead, they complained that the Order is unreasonable and impracticable, and involves sensitive country-specific considerations wholly inappropriate for judicial review.
Judge Xinis further elaborated on the administration's lack of compliance, stating, From this courts perspective, defendants contention that they could not answer these basic questions absent some nonspecific vetting that has yet to take place, provides no basis for their lack of compliance. She demanded daily updates on Garcia's status, starting from April 12, 2025, and continuing until further notice.
In response to the Supreme Court's ruling, President Trump, while aboard Air Force One, stated his respect for the Supreme Court and his willingness to comply with their orders. He said, If the Supreme Court said, bring somebody back [from deportation], I would do that. I respect the Supreme Court Im not talking about the lower court. I have great respect for the Supreme Court.
The State Department, on Saturday, informed Judge Xinis that Garcia is currently held at the CECOT prison in El Salvador and is "alive and secure." Michael Kozak, a State Department official, confirmed Garcia's location and status, stating, He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador.
In light of President Trump's comments, Garcia's attorneys filed a motion for three additional types of relief. They argued that the President's statement confirmed the U.S.'s ability to facilitate Garcia's release from prison and return to the United States. The attorneys requested that the U.S. government be held in contempt for defying the district courts orders, that Garcia be flown back to Maryland, and that he be granted parole.
The Trump DOJ, however, opposed these requests. They argued that the term "facilitate" needed clarification, particularly in the context of facilitating release from prison. The DOJ stated that they understood "facilitate" to mean taking actions that would allow an alien to enter the United States, and that taking "all available steps to facilitate" Garcia's return would mean removing any domestic obstacles that would otherwise impede his return.
The DOJ further argued that any interpretation of "facilitate" that required more than domestic measures would not only contradict the Supreme Court's order but also violate the separation of powers. They stated, The federal courts have no authority to direct the Executive Branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner.
This case continues to unfold, with the Trump Administration's stance on immigration and its handling of the situation under scrutiny. As the legal proceedings continue, the fate of Garcia and the implications of this case on U.S. immigration policy remain to be seen.
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