This case has emerged as a critical point in the conversation regarding executive authority, immigration enforcement, and judicial power.
A federal judge has mandated the Trump administration to recommence its efforts to report on bringing Kilmar Abrego Garcia back to the U.S., almost seven weeks after his deportation to El Salvador.
In a ruling dated April 30, U.S. District Judge Paula Xinis from Maryland established new deadlines for the administration to provide sworn declarations regarding the steps taken to comply with her prior directive aimed at facilitating Abrego Garcia’s return.
The Salvadoran citizen, identified by U.S. authorities as an undocumented immigrant and alleged MS-13 gang member, was deported on March 15 despite a 2019 judicial ruling that prohibited his removal to El Salvador. The Trump administration attributed the deportation to an “administrative error.”
This order comes after the conclusion of a one-week pause in daily reporting which Judge Xinis had imposed on April 23, after previously mandating federal officials to provide daily updates on actions taken to facilitate Abrego Garcia’s return. With the pause ending at 5 p.m. on April 30, Xinis reinstated court oversight and outlined a revised schedule for discovery, potentially including depositions of key officials.
Abrego Garcia’s deportation has sparked a larger legal and political conflict concerning President Donald Trump’s immigration enforcement policies, with critics accusing the administration of disregarding due process and defying judicial orders. Although he was never charged with a crime, police identified him as an MS-13 member in 2019 based on tattoos, clothing, and informant testimony linking him to the gang.
In 2019, an immigration judge ruled against Abrego Garcia’s deportation to El Salvador, citing a credible fear of persecution from rival gangs.
According to his attorneys, Abrego Garcia escaped gang violence in El Salvador at age 16, illegally entering the U.S., where he lived for over a decade in Maryland, working in construction, marrying, and raising three children. Although his wife had previously filed a civil protective order against him due to domestic violence, she has since publicly stated her choice to withdraw the civil case as they aimed to resolve their issues privately.
Upon his arrival in El Salvador, Abrego Garcia was initially placed in a maximum-security prison without a hearing.
Judge Xinis ordered his return on April 4, and on April 10, the U.S. Supreme Court upheld that order, compelling the administration to “facilitate” his repatriation to the United States.
Attorney General Pam Bondi has asserted that Abrego Garcia is a dangerous gang member and “is not coming back to our country,” based on Salvadoran President Nayib Bukele’s refusal to return him.
In an April 15 status update, the DHS stated it lacked the authority to “forcibly extract an alien from the domestic custody of a foreign sovereign nation.”
The Department of Homeland Security also indicated in court documents that if returned, Abrego Garcia would face detention and potential deportation, either to a third country or back to El Salvador, after the U.S. government revoked his protected status.
The Department
stated on April 18 that Abrego Garcia is also involved in an investigation related to a traffic stop that led authorities to suspect his connection to potential human trafficking.
A report mentioned that in 2022, Abrego Garcia was stopped for speeding in Tennessee while transporting eight individuals in a vehicle using an expired MD “Limited Term Temporary” driver’s license. During questioning, he pretended to speak broken English and claimed the car belonged to his employer, stating he was transporting the passengers to a construction site for work.
The DHS report observed there was no luggage in the vehicle for their three-day trip from Texas to Maryland, raising suspicions of human trafficking. The vehicle was known to law enforcement for transporting non-citizens to the southern border. The passengers all provided Abrego Garcia’s address as their home address, yet he received only a warning citation for driving without a valid license.
In a recent interview with ABC News, President Donald Trump acknowledged that he could personally request Abrego Garcia’s return from the president of El Salvador. However, he opted not to pursue this, labeling Abrego Garcia as a dangerous gang member.
MS-13, a transnational criminal organization, has recently been categorized by the U.S. government as a foreign terrorist group, alongside several other gangs.
George Washington University law professor Jonathan Turley remarked that Trump’s acknowledgment during the interview could now serve as evidence in court.
“The judge can utilize that admission as proof of a breach of the order to facilitate his return,” he stated on social media.
Supporters of Abrego Garcia, including several Democratic politicians, continue to advocate for his release. Senator Chris Van Hollen (D-Md.) visited El Salvador in mid-April and
met with Abrego Garcia under the supervision of Salvadoran officials.
According to the latest publicly available status report from the Trump administration, dated April 21, Salvadoran authorities confirmed that Abrego Garcia is no longer at the maximum-security prison and is now being held at the Centro Industrial penitentiary in Santa Ana, where he is reported to be “in good conditions and in an excellent state of health.”
