Judge Criticizes Trump Administration for Obstruction in Abrego Garcia Deportation Case
U.S. officials demonstrated “willful and intentional noncompliance” with court orders, according to Judge Paula Xinis.
TroibNews 
A federal judge accused the Trump administration on Tuesday of deliberately ignoring her order to provide information regarding the illegal deportation of Kilmar Abrego Garcia to El Salvador.
U.S. District Judge Paula Xinis stated that the administration is attempting to “obstruct” efforts to uncover details about Abrego Garcia’s improper deportation and has given “vague” and “evasive” responses to inquiries mandated by the court in an ongoing lawsuit.
In her eight-page order, Xinis pointed out that the White House has not addressed questions concerning how it determined that Abrego Garcia is a member of the MS-13 gang or which officials participated in his deportation and continued detention.
Additionally, the government has not answered queries about its agreement with the Salvadoran government or the Salvadoran officials involved in discussions regarding Abrego Garcia’s return, according to the judge's remarks.
This refusal to provide information follows Xinis's recent order for an intense two-week inquiry into the Trump administration's actions. She initiated this discovery period after finding the administration's initial responses to her inquiries about Abrego Garcia’s situation inadequate.
“Defendants have failed to respond in good faith, and their refusal to do so can only be viewed as willful and intentional noncompliance,” Xinis wrote in her latest order.
The judge also accused the administration of misrepresenting the Supreme Court’s ruling earlier this month that required the government to facilitate Abrego Garcia’s release from custody in El Salvador.
“That Order made clear that this Court ‘properly required the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador,’” Xinis noted.
As the litigation has progressed, the Trump administration's stance has evolved. Last week, Justice Department lawyers contended that court orders— including the Supreme Court directive—only compelled the U.S. government to eliminate “domestic barriers” to Abrego Garcia’s return.
However, following a ruling from an appeals court, the administration claimed it had taken further actions, as indicated in a court filing on Tuesday. Government lawyers remained reticent about specifics, invoking various legal confidentiality protections, including attorney-client privilege, deliberative process privilege, and state secrets privilege.
“The State Department has engaged in appropriate diplomatic discussions with El Salvador regarding Abrego Garcia,” Justice Department lawyers stated. “However, disclosing the details of any diplomatic discussions regarding Mr. Abrego Garcia at this time could negatively impact any outcome.”
This legal conflict is unfolding against a backdrop of heightened political tension regarding Abrego Garcia’s situation. Several congressional members have visited El Salvador and accused the Trump administration of disregarding court orders meant to aid Abrego Garcia’s return. Concurrently, El Salvador’s president, Nayib Bukele, recently suggested a plan to send some U.S. deportees to Venezuela in exchange for the release of political prisoners.
Abrego Garcia, a native Salvadoran, entered the United States illegally in 2011 and had been residing in Maryland in recent years. In 2019, immigration courts denied his asylum claim due to a late filing, but a judge barred the U.S. government from deporting him back to his home country due to concerns of gang-related persecution. That order was still active when the administration transported Abrego Garcia back to El Salvador last month, alongside hundreds of other deportees.
The administration has consistently acknowledged this error in court and in other forums, despite some contradictory statements from White House officials in recent days.
Xinis has mandated the government to offer more comprehensive responses to some inquiries by 6 p.m. on Wednesday, as well as to clarify why answering other questions might raise confidentiality or national security issues. She provided Abrego Garcia’s legal team until 8 p.m. Tuesday to revise certain questions they had posed to the government.
Her order was issued just after the Trump administration submitted its latest daily update regarding efforts to facilitate Abrego Garcia’s return. For the first time, Tuesday’s update was filed under seal, accessible solely to the judge.
This dispute over the exchange of written questions and answers coincided with scheduled live depositions as part of the same fact-finding process. The acting general counsel of the Department of Homeland Security, Joseph Mazzara, was slated to be deposed Tuesday morning, with at least one more deposition planned for Wednesday, as reported to Xinis early Tuesday.
Mathilde Moreau for TROIB News
U.S. District Judge Paula Xinis stated that the administration is attempting to “obstruct” efforts to uncover details about Abrego Garcia’s improper deportation and has given “vague” and “evasive” responses to inquiries mandated by the court in an ongoing lawsuit.
In her eight-page order, Xinis pointed out that the White House has not addressed questions concerning how it determined that Abrego Garcia is a member of the MS-13 gang or which officials participated in his deportation and continued detention.
Additionally, the government has not answered queries about its agreement with the Salvadoran government or the Salvadoran officials involved in discussions regarding Abrego Garcia’s return, according to the judge's remarks.
This refusal to provide information follows Xinis's recent order for an intense two-week inquiry into the Trump administration's actions. She initiated this discovery period after finding the administration's initial responses to her inquiries about Abrego Garcia’s situation inadequate.
“Defendants have failed to respond in good faith, and their refusal to do so can only be viewed as willful and intentional noncompliance,” Xinis wrote in her latest order.
The judge also accused the administration of misrepresenting the Supreme Court’s ruling earlier this month that required the government to facilitate Abrego Garcia’s release from custody in El Salvador.
“That Order made clear that this Court ‘properly required the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador,’” Xinis noted.
As the litigation has progressed, the Trump administration's stance has evolved. Last week, Justice Department lawyers contended that court orders— including the Supreme Court directive—only compelled the U.S. government to eliminate “domestic barriers” to Abrego Garcia’s return.
However, following a ruling from an appeals court, the administration claimed it had taken further actions, as indicated in a court filing on Tuesday. Government lawyers remained reticent about specifics, invoking various legal confidentiality protections, including attorney-client privilege, deliberative process privilege, and state secrets privilege.
“The State Department has engaged in appropriate diplomatic discussions with El Salvador regarding Abrego Garcia,” Justice Department lawyers stated. “However, disclosing the details of any diplomatic discussions regarding Mr. Abrego Garcia at this time could negatively impact any outcome.”
This legal conflict is unfolding against a backdrop of heightened political tension regarding Abrego Garcia’s situation. Several congressional members have visited El Salvador and accused the Trump administration of disregarding court orders meant to aid Abrego Garcia’s return. Concurrently, El Salvador’s president, Nayib Bukele, recently suggested a plan to send some U.S. deportees to Venezuela in exchange for the release of political prisoners.
Abrego Garcia, a native Salvadoran, entered the United States illegally in 2011 and had been residing in Maryland in recent years. In 2019, immigration courts denied his asylum claim due to a late filing, but a judge barred the U.S. government from deporting him back to his home country due to concerns of gang-related persecution. That order was still active when the administration transported Abrego Garcia back to El Salvador last month, alongside hundreds of other deportees.
The administration has consistently acknowledged this error in court and in other forums, despite some contradictory statements from White House officials in recent days.
Xinis has mandated the government to offer more comprehensive responses to some inquiries by 6 p.m. on Wednesday, as well as to clarify why answering other questions might raise confidentiality or national security issues. She provided Abrego Garcia’s legal team until 8 p.m. Tuesday to revise certain questions they had posed to the government.
Her order was issued just after the Trump administration submitted its latest daily update regarding efforts to facilitate Abrego Garcia’s return. For the first time, Tuesday’s update was filed under seal, accessible solely to the judge.
This dispute over the exchange of written questions and answers coincided with scheduled live depositions as part of the same fact-finding process. The acting general counsel of the Department of Homeland Security, Joseph Mazzara, was slated to be deposed Tuesday morning, with at least one more deposition planned for Wednesday, as reported to Xinis early Tuesday.
Mathilde Moreau for TROIB News
