Judge requires 'daily updates' on Trump administration's compliance with order to repatriate unlawfully deported individual

The DOJ stated it was unable to disclose details regarding Kilmar Abrego Garcia's location or the measures being taken to bring him back to the United States, even in light of a court order.

Judge requires 'daily updates' on Trump administration's compliance with order to repatriate unlawfully deported individual
GREENBELT, Maryland — A frustrated federal judge directed the Trump administration on Friday to initiate “daily updates” regarding its compliance with her order to return a Maryland man — who was illegally deported to El Salvador last month — back to the U.S.

U.S. District Judge Paula Xinis criticized the administration for its failure to provide even “basic” details about Kilmar Abrego Garcia’s whereabouts, despite her request for an update by Friday morning.

“I’m asking a very simple question. Where is he?” Xinis asked Justice Department lawyers during a court hearing.

“I do not have that information,” Deputy Assistant Attorney General Drew Ensign responded.

The administration's lack of cooperation, which Xinis deemed “extremely troubling,” suggested potential defiance of her order issued the previous week and upheld by the Supreme Court on Thursday.

Xinis, an appointee of President Obama, stated that without any information — or an acknowledgment of actions taken by the administration — she could only conclude that it had “done nothing to facilitate the return of Mr. Abrego Garcia.”

“There’s an easy way to combat that,” she remarked, “and that’s just to tell me whether you’ve done anything and if so, what.”

Her latest directive mandates that the daily updates come from an administration official with “personal knowledge” regarding efforts to return Abrego Garcia to the United States. However, Justice Department officials indicated that they might not be ready to meet her demands until at least Monday.

Xinis had initially instructed the administration to “facilitate” Abrego Garcia’s return on April 4. She pointed out on Friday that her order had been in effect for three days before Chief Justice John Roberts suspended it on Monday, allowing the justices time to deliberate the issue, which was then reinstated Thursday night by the Supreme Court when they upheld the portion of her order concerning the facilitation of Abrego Garcia's return.

The Trump administration acknowledged that immigration officials had wrongfully deported Abrego Garcia to El Salvador on March 15, contrary to a 2019 immigration court order that prohibited his deportation to that country due to a credible fear of persecution from a local gang. He was sent to a notorious anti-terrorism prison in El Salvador alongside other deportees.

Officials from the Trump White House labeled Abrego Garcia a member of the violent MS-13 gang, referencing an immigration judge's 2019 ruling suggesting he was likely affiliated with the organization. This conclusion stemmed from a tip provided by a local police informant. Abrego Garcia has consistently denied any gang involvement.

His case garnered national attention amid President Donald Trump's efforts to fast-track the deportation of individuals he identified as members of terrorist organizations or foreign gangs, sometimes employing rarely utilized war powers to expedite the actions. The Supreme Court has ordered the administration on two occasions in the past week to ensure meaningful due process for those facing summary deportation, including Abrego Garcia.

Despite the justices’ ruling regarding Abrego Garcia, the White House continued to criticize Xinis on Thursday and Friday, framing the Supreme Court's decision as a win for the administration. After Xinis demanded prompt information, the administration accused her of making “unreasonable and impracticable” demands.

Ensign, notably, was also the attorney who faced scrutiny from U.S. District Judge James Boasberg after the administration chose not to comply with his order to halt planes transporting Venezuelan nationals to El Salvador on March 15, just hours before Abrego Garcia’s deportation.

During that encounter, Ensign informed Boasberg that other officials within the administration had not provided him with any information regarding planned deportations, even while the planes were en route. He adopted a similar stance at Friday’s hearing before Xinis.

Xinis addressed Ensign directly, stating that if Trump administration officials were withholding information from him, then “you don’t have full and effective contact with your clients.”

Mark B Thomas for TROIB News